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33  WEST  MA  N  STRr'sT 

WEBSTER,  NY    HS'O 

(716)  872-45(/3 


CIHM/ICMH 

Microfiche 

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et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

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RKl.ATIXG   TO 


THE  TREATY  OF  WASHINGTON. 


/- ■     - 

,  [VOLUME  V.7-BERLIN  ARBITRATION. 


/ 


CONTAINING  THE  MEMORIAL  OF  THE  UNITED  STATES  ON  THE  CANAL  DE 
HAROASITS  BOUNDARY-LINE;  CASE  OF  THE  GOVERNMENT  OF  HER 
BRITANNIC  MAJESTY;  REFLY  OF  THE  UNITED  STATES 
THERETO;  SECOND  AND  DEFINITIVE  STATE- 
MENT OF  THE  GOVERNMENT  OF  HER 
BRITANNIC  MAJESTY; 
.    CORRESPONDENCE. 


WASHINGTON: 
GOVERNMENT    TRINTING    OFFICE. 

^1872. 
\i    \ 


] 


>^OTE. 


The  figures  in  brackets  denote  the  pages  of  the  editions  presented  at 
Berlin,  and  th^  references  occurring  arc  to  those  pages. 


C  C)  N  T  E  N  T  S 


1. 


Pa.rc. 


MEMORIAL  ON  THE  CANAF.  DK  IIAKO  AS  TI[H  ]U)UXDA1,'V-LINE  OF  THE 
UNITED  STATES  OF  AMERICA.  AS  I'RESENTEI)  I5V  THE  A.MEKMCAN  PLEN- 
irOTENTIAKV,  (iEOUCiE  JJANCRoFT. 

^Ii'tnorial 

The  point  for  iiihitriif  ion ;{ 

How  the  (lisfussion  will  lie  condnctiMl    .| 

rarallel.s  of  latiindo  the  customary  boundaiie.s  of  tao  English  colonies  in 

North  America 1 

The  same  riih>  continued  in  the  treaty  of  peace  of  1^7'J .'> 

The  same  rule  applied  to  the  boundary  of  Louisiana .'> 

The  United  States  ac([uire  the  claims  of  Spain  iu)rth  of  I'i    (i 

Mr.  Huskisson  objects  to  the  divisicm  of  Vancouver  Island (» 

Lord  Al)erd(!cn  ami  I^Ir.  Everett  discuss  the  northwestern  boundary 7 

The  pamphlet  of  Mr.  Sturgis , " -^ 

Mr.  Buchanan  negotiates  with  Mi'.  J'akenham  1) 

Final  propos.-il  of  the  Earl  of  Aberdeen 10 

Mr.  J'lUchanau  and  Sir  liobcrt  I'eel  believed  they  bad  closed  (^vciry  caus(> 

of  dissension 12 

The  miuistry  of  Lord  ■Jolin  Ihissell  renews  dissension l'> 

I'lea  for  the  integrity  of  Sir  Kobcrt  reel's  ministry V.i 

The  words  of  the  *^reaty 14 

The  words  of  the  treaty  taken  together l-t 

Tiio  cliannel 14 

The  channel  which  separates  the  continent  from  Vancouver  Island    15 

And  tlienc(!  southerly Kj 

riirough  the  middle  of  the  said  channel  aiul  of  J'uca's  Straits  to  the  I'acilii; 

Ocean 10 

The  straits  of  IJosario Hi 

Conclusion 17 

Ai'i'K.vmx : 

No.  1.  Extract  from  the  treaty  of  Washington  of  .June  !.'>,  1-lG.  bound- 
ary established  in  1S4G '. 1<» 

No.  '2.  Extract  from  the  treaty  of  Washington  of  May  ■'',  1-;T1.     The  northern 

boundary.     Matter  and  form  of  arbitration li» 

No.  15.  Extract  from  the  patent  granted  by  .lames  1  of  l-^ngland,  November 

:?,  in  the  eighteiMith  year  of  his  reign,  to  th«  council  of  I'lymouth '21 

(English  colonial  charters  boundcjd  I'.nglish  colonies  bv  parallels  of  lati- 
tude.) 
Extract  from  tlio  charter  of  Massachusetts  Bay  granted  by  CHarlcs  I  of 

England  March  4,  IC)-:^^ 21 

Extract  from  the  old  patent  for  Connecticut 21 

Extract  from  the  charter  granted  by  Charles  II  of  I]ngland  to  the  lords 

l>roprietors  of  Carolina,  Mar(!h  24,  l()();l 22 

Extract  from  the  connuissiou  of  Governor  Wright,  of  Georgia,  of  the  2(lt  li 

of  January,  1704 22 

No.  4.  Articles  betvreen  the  United  States  of  America  and  iiis  Britannic 
Majesty,  Novemlter  30,  1T.:'^2.    First  treaty  between  the  United  States 

Jiud  Great  Britain  adopts  for  boundary  a  <lue-west  course 22 

No.  r>.  Extract  from  the  treaty  between  the  United  .States  of  America  and 
the  French  republic,  April  30,  I'^O'.?.  The  United  States  acquire  Loui- 
siana          22 

No.  C.  Additiouiil  and  explaiuitory  articles,  signed  the  day  of- ,  lrt()7, 

to  bo  added    to   the    treaty   of  amity,    conuiu'rce,    and    navigation 
between  His  Britannic  Majesty  and  the   United  States  of  Anunica, 
signed  at  Loiulon  the  'Mat  day  of  December,  l-'Oli,     The  United  Statt's 
and  Great  Britain  agre*^  on  the  forty-ninth  parallel  as  a  division-line.        23 
No.  7.  Mr.  Madison  t(>  Mr.  Monroe,  and  Mr.  rinckney,  (fsxtract,)  .July  30, 

1807.    The  United  States  respect  the  claims  of  Spain  on  the  Pacitic.         23 


IV 


CONTEXTS. 


MKMOIUAL  ON  THI>  CANAL  DK  IIAKO,  Ac— ('oiiliiuKMl. 

Ko.  rt.  Mr.  Caimiiij;  to  Mr.  Kiiisi,  Ainil  "JO,  1&.H>.    The  Jhitish  Goveruniciit 

invite  iH'iifotiiitioiis  on  tln^  iiortliwesttTii  boinwliirv 24 

No.  9.  Mr.  Cliiy  to  Mr.  (ialliitiii,  (<'xtriict,)  .June  It),  18:20.    Tho  paiiillel  of 

41)  '  the  ultiniatmii  of  tiio  United  States., 24 

Mr.  Clay  to  Mr.  (iallatin,  (extraet,)  Anj-iist  1),  1^2(1 25 

No.  10.  Mr.Oallntin  to  .Mr.  ('lay,No>einljer2r),  Ir'Jti.    Mr.  lluskisson objects 

to  (lividinir  Vanconver  Island 25 

No.  11.  Mr.  (iallatin  to  Mr.  (lay,  l)eec.nilier2,  1H2().  Mr.  (Jallatin  ])roi)ose,s 
to  exciiiinjjo  Vanconver  Month  'of  41>"  for  an  etinivalent  on  the  main- 
land           2(5 

No.  12.  Extract  lr<»ni  "Vanconver's  Voyage,"  Vol.  I,  i»a<;c  ;}12.    Spanish 

explorers  jjreceded  ^'alu;onver 2() 

No.  V.i.  Mr.  Everett  to  Mr.  Webster,  October  It),  1842.     liord  Aberdeen 

■wishes  to  sett  hi  the  (Jrej^'on  boundary 20 

No.  14.  Mr.  Everett  to  Mr.  Webster,  Nox'eniber  18,  1H42.     Lord  Aberdeen 

■wi.shes  to  ne^rotiate  on  the  boundary  without  delay .         27 

No.  l.').  Mr.  Everett  to  Mr.   Tpshur,  (conlidential,)  Auj;usfc  17.  1841?.     Mr. 

Everett  thiidcH  the  nejfotiation  can  bo  best  carried  on  at  Washinj^ton.         28 
No.  i().  ^Ir.  Upshur  to  Mr.  Everett,  October  t),  184:?.     Full  powers  are  sent 

to  Mr.  Everett  to  nej^otiate  on  the  Oregon  boundary 28 

No.  17.  Mr.  Everett  to  Mr.  I'pshur,  November  2,  1843,  (coutidential.)    The 

negotiation  trans jerred  to  Washington 28 

No.  18.  Mr.  Everett  to  Mr.  Upshur,  November  14, 1843.  Mr.  Evei-ctt argues 
for  the  ])arallel  of  41)^.     He  suggests  a  deflection  from  4t)^  would  leave 

to  (jlreat  Britain  the  whole  of  Vanconver  Island 2t) 

No.  It).  Mr.  Everett  to  Mr.  Upshur,  (confidential,)  December  2,  1843.  Mr. 
Everett  and  Lord  Aberdeen  discuss  the  boundary.  Mr.  Everett  poi-its 
out  on  a  map  tho  deflection  from  4i)    that  would  leave  Vancouver  to 

( Jreat  Britain 30 

Mr.  Everett  to  Lord  Aberdeen,  November  30,  1843.    Mr.  Everett  presents 

his  proposition  to  Lord  Aberdeen  in  writing 32 

.      No.  20.  Mr.  Everett  to  Mr.  Nelson,  April  1,  1844.    Mr.  Everett  and  liOrd 
Aberdeen  contiinu)  the  discussion.     Mr.  Everett  thinks  that  Great 

Britain  will  accept  the  line  of  49°  with  the  proposed  deflection 33 

No.  21.  Extract  of  a  lecture  delivered  by  Mr.  William  Stnrgis  before  tho 
Mercantile  Library  Association  of  Boston,  January  22,  1845.     Views 

of  Mr.  Stnrgis 34 

No.  22.  Mr.  Everett  to  ilr.  Callionn,  February  28,  1845.  Mr.  Everett 
thinks  that  (he  line  of  49  deflected,  so  as  to  give  the  whole  of  Van- 
couver to  (iroaii  Britain,  is  all  that  either  party  will  concede 35 

No.  23.  Mr.   Everett  to  Mr.   Calhoun,  March  7,   184.5.     Lord  Aslibnrtou 

thinks  there  will  bo  not  much  difficulty  in  coming  to  an  adjustment.         30 
No.  24.  Mr.  Everett  to  Mr.  Calhonu,  April  2,  1845,  (confidential.)    Mr. 
Sturgis's  pam])lilet  regarded  by  a  friend  of  tho  British  juinistry  as 

fair  and  candid 30 

No.  25.  Lord  Ashbnrton  to  Mr.  Stnrgis,  April  2,  184.5.     Lord  Ashburton 

regards  Mr.  Sturgis's  i)aniiihlet  as  distinct  and  imi)artial 37 

No.  2().  Mr.  liatcs  to  Mr.  Stnrgis,  May  1, 184.5,  (confidential.)  Lord  Aber- 
deen pronounces  Mr.  Sturgis's  pnmpblet  clear  and  sensil)le ;?7 

Extract  from  an  article  by  Mr. ,  senior,  in  the  [London]  Examiner, 

No.  lt)43,  Satnrd.'iy,  April  20,  1845.     The  only  real  claim  of  the  Brit- 
ish rests  on  coutiffnity 38 

No.  27.  Narrative  of  the  United  States  Exploring  Expedition  dnring  the 
years  1838,  1839,  1840,  1841,  1842,  by  Charles  Wilkes,  United  States 
Navy,  conmiaiKler  of  the  expedition,  in  five  volumes,  and  an  atlas : 
Philadelphia,  1845,  vol.  Iv,  chapter  xiv,  1841,  page  484.  Wilkoa  sur- 
veys Canal  de  Haro  in  .)  uly,  1841 38 

No.  28.  Mr.  Buchanan  to  Mr.  Pakenham,  (extract,)  July  12, 1845.    Mr. 

Buchanan  offers  the  line  of  49"^  with  free  ports  on  Vancouver 39 

No.  29.  Mr.  Pakenham  to  Mr.  Buchanan,  (extract,)  July  29,  1845.    Mr. 

Pakenham  rejects  Mr.  Buchanan's  ofter 39 

No.  30.  Mr.  Buchanan  to  Mr.  Pakeidiam,  (extract,)  August  30,  1845.    Mr. 

Buchanan  withdraws  his  olTer 40 

No.  31.  Mr.  MacLano  to  Mr.  Buchanan,  (October  3,  1845.  Lord  Aberdeen 
censures  tho  rejection  of  the  American  proposition  by  Mr.  Paken- 
ham          41 

No.  32.  Mr.  MacLane  to  Mr.  Buchanan,  December  1,1845.     Lord  Aberdeen 

would  have  taken  Mr.  Buchanan's  otter  as  the  basis  of  negotiations. .        41 


f 


CONTENTS. 


!tt 


Faj^o. 


24 

24 

25 

25 


2(i 
20 
20 
27 

28 
28 
28 

2i» 

;?o 

32 

;54 

35 
30 

30 
37 
37 

38 


MEMORIAL  ON  THE  CANAL  DE  HARO,  &(•.— Continii.ML 

No.  33.  Mr.  IJatt's  to  Mr.  .^^turj-is,  (private,)  Di'ccuihcr  2,  ls|.').     Hudson 
Hay  Company  itrcvciit  scttlt'iiu'iit.     No  Ainericau  will  eonuedo  iiioro 

than  till!  lino  ot"4!l    and  Euca's  Straits 4i 

No.  34.  Mr.  MacLatif  to  Mr.  Iiuclianan,  Ei'l)rnary  3,  Irlli.     Mr.  raUcnham's 
conduct  stronj;ly  disapj)rovcd  in  Enjj;land.    Lord  .John  Russell  calls  Mr. 
Pakcnliani's  rejection  ol"  the  Aniciican  oiler  a  hasty  judcecdin;;.     Sir 
Kobert   Peel   says  that  Mr.  rakenhani  ouf^lit    to    have    referred    the 
5  American  otler  to  his  Govcrnintiut.    Sir  Hohcrt  I'cel  for  a  peacealde  sct- 

I  tlement  of  the  Orcj^on  nuestion.     Mr.  Mac  Lai  e  rejiorts  that  the  British 

i.  Govern uiunt  will  accept  the  line  of  I'.l    and  the  straits  of  Euca 43 

!  No.  35.  Extract  from  the  speech  of  .Mr.  Calhoun,  of  South  Carolina,  in  the 

'  Senate.  March  10,  1840.     Tiie  line  of  4'.»    the  only  line  admissible 44 

Extract  frmn  the  speech  of  Mr.  Wel>st(!r,  of  Massaclinsi^tts,  in  this  .Senate, 

Mar-di  30,  I-'4(!.    (ireat  liritain  cannot  expect  anythinj^soutii  of  4',l^. ..         45 
Extract  from  the  debate  on  tlio  Orej;on  (|Uestiou  in  the  House  of  Rei)re- 
Hcntatives,  Ecbrnary  l»,  l"*!!').     Jolinjf^uincy  Adams  re;i,irils  American 

;  title  as  clear  to  all  territory  on  tht;  I'aciiic,  south  of  51     ID' 45 

..'.  Extract  from  the  S])eeeli  of  Mr.  J.  i^.  Adams,  in  the  House  of  Kepresenta- 

}  lives,  Ajiril  13, 1S40 45 

Extract  from  thespe(;ch  of  Mr.Cuss,  of  Michijjan.  in  the  SlmuiIc,  June,  1840. 

To  aece))t  the  lino  of  41t    rejjfarded  as  a  sacrilico 45 

Extract  from  the  speech  of  Mr.  .Sevier,  ot  Ark;iiisas,  ohairman  of  XXvi  Com- 
mittee on  Foreign  lidations,  in  the  Seiiatts,  March  25,  ISJO.  Many 
Americans  claimed  54    41)' as  the  boundary,  and  would  liolit  for  41*  40 

No.  3(i.  Extract  from  thi>  [London]  (,»uarterly  IJeviesv  for  March,  1840,  vol. 
Ixxvii,  paye()U3.    The  Quarterly  in  favor  of  the  line  of  41)    and  I'uea'.s 

Straits 4(> 

No.  37.  Mr.  ISuchanan  to  Mr.  MacLanc,  February  2(5,  1840.  The  I'resident 
may  consent  to  consult  the  Seiiato  on  any  Ihilish  ]>roi)osJti()ii.  'I'he 
President  wishes  not  to  leave  open  any  source  of  new  diflieultics.  The 
President  would  submit  to  the  Senate  thts  liiu;  of  4'J    and  the  straits  of 

Fnca 4G 

No.  38.  Mr.  MacLaiio  to  Mr.  Buchanan,  March  3,  lf!40.  Mr,  MacLane  re- 
ports that  Great  Britain  Avill  assent  to  no  better  partition  than  the  lino 

of  4'.)'  and  Fuca's  Straits 48 

No.  3i).  Mr.  IJates  to  Mr.  Sturi^is,  Ajtril  3,1840.    The  Orcyon  iiuestion  sure 

to  bo  settled  on  the  Ame?    "in  basis 48 

No.  40.  Mr.  MacLane  to  Mr.  Buchanan,  Ajnil  17,  1840.  The  British  Gov- 
ernment wait  for  Conj^ress  to  give  notice  of  the  abolition  of  the  treaty 

for  the  non-occupation  of  Oregon 4i) 

No.  41.  Extract  from  the  spetsch  of  Mr.  I)ix,  of  New  York,  in  the  Senate. 
February  1'.),  1840.    AVilkes's   majt   of  Oregon  the   map   used  by  the 

American  Senate 49 

No.  42.  Mr.  MacLane  to  ^Ir.  Buchanan,  May  18,  1840.  Mr.  MacLane  and 
Lord  Aberdeen  discuss  the  Oregon  (luestioii.  The  British  (iovernmeiit 
will  olfer  to  divide  the  territory  by  the  parallel  of  41)  ,  Birch's  Bay, 
Canal  do  Haro,  and  Fuca's  Straits.  The  above  proposed  boundary- 
line  is  that  suggested  by  Mr.  Everett 49 

No.  43.  The  Earl  of  Aberdeen  to  Mr.  Pakenham.  (extract,)  May  18, 184<). 
Lord  Aberdeen  offers  the  forty-ninth  parallel,  retaining  the  whole  of 

■\'aneou ver  Island  for  England 51 

No.  44.  Extract  from  the  speech  of  ^Ir.  Benton,  of  Missouri,  in  the  Senate, 
June  18, 1840  ;  debate  on  the  ratitication  of  the  Oregon  treaty.  Mr. 
Benton  liuds  that  the  boundary-line  passes  througli  the  Canal  de 

Haro 52 

No.  45.  Extract  from  the  speech  of  the  Earl  of  Aberdeen,  in  the  House  of 
Lords,  Monday,  June  21),  1840.  Lord  Aberdeen  and  Parliament  are 
aware  of  the  interpretation  given  to  the  treaty  by  the  United  States 

Senate.    Lord  Aberdeen's  regard  for  Mr.  MacLane 52 

No.  40.  Extract  from  the  speech  of  Sir  Kobert  Peel  in  the  House  of  Com- 
mons, Monday,  June  29, 1840.  The  words  of  tlio  treaty  were  chosen  by 
the  British  ministry.  Sir  Kobert  Peel's  interpretation  of  the  treaty. 
Sir  Robert  Peel  declares  every  cause  of  dissension  between  Britain 

and  America  at  an  end , 53 

No.  47.  Mr.  MacLane  to  Lord  Palmerston,  July  13, 1848.     The  American 

President  regards  the  treaty  of  June,  1846,  as  establishing  amity 55 

No.  48.  Extract  from  "  Exploration  du  Territoire  de  l'0r(5gon,  etc.,  exdcut<iO 
pendant  les  aundes  1840,  1841,  et  1842,  par  M.  Duti'ot  dc  Mofras,  at- 


VI 


CONTKNTS 


MKMUinAL  ON  Tlir,  CANAL  l>i:  IIAi;< ».  \c.— ('oiitiiinnl. 

tai'li(''  h  III  Iv(';;;ili()ii  (If  Friiiico  a  Mexico."     Mot'riis  doscribcH  tin-  cliaii- 
iicl  (>('  I  laid  an  tli(^  best 

No.  41*.  I'ali'v's  Works,  cditioii  ol'  I>j."i,  vol.  i\ ,  ji.  ~.'>.  Ambi;^iiity  iio  e.scupo 
IVoiii  f  lit^  ]iro|ifi'  Hciisr  of  a  jiroiiiist^ 

No.  r>((.  Si'ci'ftary  Moiiroi'  to  tlic  Aiiiciicaii  roimnissioiuTs  for  Ircatiiij;  lor 
pciu'o  ".vitli  (Ii'cat  I'liitaiii,  Maicli  "Jvi,  l"'!  I.  .Viiicrican  lOiiiiiiissioiiciN 
iiistriictcil,  in  I-'l  1,  to  yield  iiolliiii^-  south  of  I'.t    


Pago. 

r>(! 
5G 


.">t; 


I 


UK 


II. 


IKIJ    IIIMTANNIC    MAJllSTV    .slHMITT 
<>I'    HIS    MV.IKSTY     Tin;    KMI'KK'OK 


CASK  (IF  Tin:    (iONKl.'NMHNT   (»F 
TO   TIIK   AIMilTUATloX    AWAIM) 
GKKMAN^ETC. 

Case  of  the  fJovcriiuwiit  of  IIit  J5rili'-"iic  Majfsty 

'I'lic  (iiu'stiou  for  (li'cisioii ^. 

Treat V  of  .hiiic  \r>,  l-^Ki,  (Article  '^     

Treaty  of  Jlay  .■^,  I.-71.  ( Artiel.'  X.vXIV) 

'J'ho  strait  of  (ieorj;ia 

The  liosario  Strait 

TheCr.ual  i!e  Ilaro 

Orii;ii)  of  the  names  of  the  t  wo  channels 

Kxteut  of  Fnea's  Strait 

Navi<;ation  ot'  I'ncu's  .^traits 

I  lilies  for  the  intcr^iretatioii  of  treaties 

The  lirst  rnle  of  interjiretation  mi  its  a[»i)lication  to  the  treat v  of  1>1(> 

The  second  and  third  rnles  ol"  interpietation.  The  context  of  tln^  treaty 
considered.  Th(>  consonance  of  the  second  and  third  para^raidis  of 
the  treaty.     IJeason  cd' the  thiid  iiara»>raidi 

The  fourth  rule  of  iiderpretat  ion.     The  motive  (d"  the  treaty 

The  object  of  the  treaty.     No  name  is  j;iven  to  the  cluunnd 

The  (iflh  rule  of  interiiretation.  A  favorable  iiderj)retation  to  be  pret'erred 
to  an  odious  interpretation.     Tli(>  (diaits  in  use  in  l-^Ki 

'J'he  sixth  rule  of  interpretation.  The  lu'esuniption  is  in  favor  of  tlie  pos- 
sessor of  a  thiny,- 

Kecapitulation  of  facts 

AiM'f.Ninx  : 
N'o.  I.  Articles  XXXIV   to  XKII  id'  the  treaty  liet ween  Cireat  ISritain  an<l 
tht^  riiitc(l  States  of  America,  signed  at  Washington  on  tin;  ''th  Mav, 
1S71 

No.  II.  Copy  of  treaty  between  (Jrcut  lliitain  and  tlie  I'nited  States  of 
Anieri<'a.  sij;ned  at  Washington  on  the  l.">th  Jnne,  ISK! 

No.  III.  A  n.'irrative  ot'  the  passage  t)f  His  JJritannic  .Majesty's  shijis  dis- 
covery and  Chatham,  under  the  command  of  Captain  \'aiicouver, 
through  till'  Straits  of  .luan  d(!  I'"uca,  and  through  tlm  channel  known 
at  the  present  day  as  the  Ifosario  Strait,  to  IJircli  ISay,  situated  ii;  tin; 
aai'ient  gulf  (d'  (ieorgia.  S.  •>:>  W.  and  N.  7'J  W.,  (extracted  I'rom  vol. 
I  of  Captain  A'ancouver's  \"oyages,  publisheil  in  IT'.H) 

No.  IN'.  A  narrative  of  the  voyages  made  liy   rlie    Spanish    vessels    Siitil 

and  Mexicana,  in  the  year  IT'.i'J,  to  explore  the  stiait  id'  Fiica 

(A  nd'erence  to  tins  voyage;  of  sub-lieiitenani  Don  Manned  (^)u.imper,  m 
IT'JO,  to  the  strait  of  Fuca,  extracted  from  chapter  I  of  the  Narrative 
of  the  >'oyage  of  the  Sutil  and  Mexicana,  in  IT'.i'J.) -. 

No.  V.  Ueelarations  of  W.  J  I.  McNeill,  W.  Mitchell,  Captain  Swansou, 
^lessrs.  Anderson,  If.  C.  J-iCwis,  and  Finhiyson,  master-mariners,  Ac, 
who  have  oommanded  or  are  in  command  of  vessels  navigating  the 
straits  bidween  \aneouver'.s  Island  and  the  continent  of  America 

No.  \T.  Attested  cojiy  of  the  log  of  Her  Majesty's  steamship  Cormorant,  in 
the  months  of  Sep  tend  )er  and  October,  l-'lCi , 

UI. 


KI) 

OF 


r.i 
bl 
til 
<;i 
b-i 
b-i 
(it 

b.'i 

b7 
b7 

fiS 

70 


71 

7."> 
7b 


78 
7!) 


»1 


H8 

98 
117 


REPLY  OF  THE  UNITED  STATKS   R)   THE  CASE  OF  THK  COVEKNMENT  OF 

IlEU  JJillTANNIC  MAJESTY. 


I.  The  British  Cuae 


1-2:] 


II.  Keply  to  the  arguments  of  the  British  Case 121> 


rai; 


L'han- 
scapo 

i«  for 

"llt'l'S 


5(1 


HMITTK!) 
'Kl.'dii    OF 


(il 

m 

•a 

Cl 

r.-i 

ti-i 

);i 

t;7 

<;7 

fis 

•  -  -  • 

7(1 

•i-atv 

lis  of 

71 

7'> 

7*; 

'lICll 

77 

po.s- 

7H 

-  -  -  . 

7!) 

IIIKl 

'■■'y, 

^   of 


-I 


)is- 

WIl 
tlU! 

vol. 

iitil 

III 

JVO 


|k;c., 
tlio 


'-.r> 


88 


1 


CONTKNTS. 


VII 


I'.i-i'. 


-  -  - 

1)8 

,  111 

117 

KXT  OF 

12n 

i5>y' 

IIKPLY  Of  Tin:  rNI'IKD  STAT'l'^.  A  •.—('. )ntiniii'il. 

III.  I'nicrcdiii^M  iinilfr  tlir  ticjit\  of  1^1(1 1  ;•>.'> 

IV.  Jiitfri»r<;tatioii  of  the  treaty  "of  l-n; {.[•» 

Ari'i'.NPix'  TO  nil-  m-.n.v  : 
No.  r»1.  CoiTcsiPoiKlcncf  Ix'twiTii   Mr.   I'lniiiTofl ,  Mr.   r.iii'Iiiin;iii,  ;iii(l   l.onl 

raliinMston 117 

Mr.  ItaiKToft  to  Mr.  ISiicliaii.iii,  Nostinln'r  :;,  l>li'..    'I'lic  .straits  of  llaro 

(lie  treat  \  'loiindiiry 117 

Mr.  iiiieliaii.iii  to  .Mr.  Iiaiierol'l.  Deeeinlier  •i-,  l-lf..     Iiistriiets  Mi'.  Haii- 

( lofl  lliat  lliiio  is  the  lioiimliii y-i'liaiiiiel 1 17 

Mr.  li.iiK'idft  to  Mr.   IJiielianaii.  .Maieli  •>'.>,  '.■'17.     NN'ariis  Mr.  IJiieliaiiaii 

of  (lie  tlesii^lis  of  the  I  liiilsoli's  r>:iy  Colllliaiiy 1  I"' 

Mr.  Jiancrofl   to  .Mr.   r>iieliaiiaii.  August    t,    1-h.     .^Ir.  iiaiierol'l's  iiitei- 

\  icw  with  Lord  I'aliiierHloii 148 

Mr.  Itiinenift  to  l-ord  r.ilnier.stoii,  .liil.\  I'd,  Hl^.     .Mr.  liaiierofl  write.-s  to 

Lord  i'aliiierstoii  tiiat  llaro  is  the  lioiiiid.iiy II!) 

Mr.  r.aiicrofi  to  Mr.  liiichaiiaii,  ( >elolier  lit,  l-'l*.     Mr.  lianeroft  eoiitiiiiU's 

the  SI  I  litest  ion  that  nnjii>l  ehiims  may  1m!  made 1 1'.l 

.Mr.  li.ineioft  to   Lord   raliiierstoii.  N'ovemlier  IS.  l*h.     .Mr.  I'.aiieroft  olli- 

eially  informs  Lord  I'almerstoii  that   the  lionmlary  runs  i  hroui;li  the 

middle  of  the  ehaimel  i.|"  jj.iid l.')() 

Lord  I'alm.'iston  to  .Mr.  It.imroft,  \ii\  ember  7,  1-f-?.     Lord  ralmerston 

ijives  the  aei|iiiescriiec  of  silniee  to  the  1  liiro  ('liannel  as  the  1ioiind;iry       lilO 
No.  ">'i.  Mr.  riaiierof(  to  .Mr.  ('amplMli.  ,)iine  !.'>.  l-.")~.     .Mr,  iS.iiierofl  refers 

.Mr.  ('am|ihell  to  liis  eories))uiideiiii' w  itii  J, Old  I'alinerston 1"() 

No.  .''):).  l)e(dar:»tioii  of  ]'ear-.\ilmiral   \Vilkes,   i\i»rii'iry   Iti,  1-7'J.     Ki'ai- 

Adiiiiral  AN'ilkes  on  the  chaiiiiel  of  llaro l.")l 

No.  ■")!.  Commodore  Case'  to  the  Secretary  of  the  Xavy,  I'ehniiiry  l'>,  1-7'.'. 

Statement  fif  Commodore  Case  on  the  Canal  d(!  llaro l,j'2 

No.  .')'>.  Mr.  (iihhs  to  the  Secretary  cd' St.'ite,  I'elniiary  "J",  l-7"i.     Statement 

ol'  Mr.  (ieori;e  ( iiUlts  on  the  Canal  de  Haio l.'):5 

No.  .')(!.   Lxtract  from  letter  of  M<'ssrs.  Caiiijibell  and  I'arke  to  the  Secre- 
tary of  State,  I'elniiary  :>,  l^l'i.     Why  the  vessels  of  the   lludsi,.!  IJiiy 

Coin]iaiiy  used  the  so-ealled  Ivosario  Straits VA 

No.  .")7.  .Mr.  Camidtell  to  the  Secretary  of  State,   January   1'.',  l87-i.     Tlie 

IfaroClianmd  the  usual  chanmd 1.").') 

No.  .')ri.  'i'lie.  Attoiiiey-tieiieral  to  <^^he  Secretary  of  State,  Ainil  ti,  187'J l.w 

Mr.  Crosl)y  to  tliu'AttoriK^y-Ceiieral,  April  •,'.   l-^7tj.     Why  the  Ho-called 

Kosario  Str.'iif  was  used.     The  Canal  de  Haro   used  by  the  vessels  of 

the  IFudson's  ISay  Coi'i/any  liefoi-e  If^Ui l.")() 

Canal  de  Ilavo  the  passage  to  the  north l.">7 

Wortlilessiu'ss  of  the  middle;  channel l.")8 

DifVereiic«5  between  Haro  ami  Kosario  Straits loS 

No.  o'.t.  ]5riji;adier-(ieiieral  Caiiby  to  the  assistant  adjutant-general  at  Sau 

Francisco,  April  2.  1>'7'J '. l.')0 

Why  the  so-ealled  Kosario  Strait  was  used l.j'J 

.  No.  fii).  Koport  of  Captain  (?.  II.  Kiehanls,  October  "2'>,  1'^.')^,  in  jiajaTs  re- 
lating to  British  Coliiinbia,  presented  to  both  houses  of  rarliaineiit, 

by  cmninand  of  Her  Majesty,  Anj>ust  1'2,  1>.")1I 159 

Description  of  Haro  Clianiiel  by  Ca[itaiii  IJiehards,  British  boundary 

comiuissioiier 1.^)9 

No.  fil.  Atlidavits  concerning;-  the  iiavij^ation  of  tlie  Cana!  de  llaro 159 

Kcminj^tou  F.  I'ickett l.V.* 

(Jeorgc  Thomas  Seymour ItiO 

Albert  Henry  Giiilil 1(51 

■Williani  J.  Waitt :  Haro  ('haniiel  used  exclusively  tor  noit hern  trade 

.since  csiablishmoiit  of  I'ort  ^'ietoria,  Hl"i 1G2 

Francl.s  Tarbcll :    Haro  Channel  used,  by  Hudson's  Bay  Company  since 

establishmcuit  of  Fort  Victoria 1()3 

Hudson's  l?av  Coinpanv  used  Haro  Channel  before  181(5 1(54 

Charles  Willoughby...' 1(;4 

James  S.  Law.soii 1(55 

Thomas  McManns 1(5(5 

Wilke-s  surveys  Canal  de  Haro  in  1S41 Ktfi 

Adam  Benson 1(37 

The  steamer  Beaver  towed  the  ship  Columbia  through  Haro  Channel  in 

1845 ]()7 

William  N.  Horton 167 

JolmMcLeod 169 


VI II 


CONTEiVTS. 


Tnno. 
REPLY  OF  THE  KNITHI)  STATES,  A-c.-Coiitirnifid. 

('aiiiil  (Ic  Haidrcf^nlarly  iiavij;iiti'«l  by  vomhcIs  of  JIiiilsoii's  Hay  Conip-'ii'V 
•HiiH.'  iHl-i ■ '.       Ki!) 

W.  H.  Gray 1<>'.> 

.1.  A.  (iardiiiti 17(» 

William  II.  Oliver 170 

Canal  lie  Haro  i('f;ularlv  ii!ivij;att'(l  by  vchscIm  of  IIikIsoh's  Hav  Comiiaiiv 

Hiuco  IHJ'i ; ". ".  171 

( 'liarlt'H  M.  liradnhaw 172 

IJriali  N.-lsoii 17:{ 

No.  i'>'2.  Extract  of  tlu«  ii'jtoit  of  tlio  voya}i<^  of  do  Eli/.ii,  forwurdfd  Dcctiiii- 

Imt  'J'.t,  17!tl,  fioiii  San  lilas,  by  .liiaii  I'aiitoja  y  Airiaj;a 171 

Siiivry  of  tlu'  (!aiial  dc  Ilaro  by  tb<!  Spaniards  in  171U 174 

Uiscovrry  of  th(^  lnoad  npiicr  •liaiiiicl  of  Uosario 17(i 

No,  (■)'.{.  Extract  from  tlio  iiistnictioiis  to  Commaiidci' (<cor;ic  Vancouver, 
by  the  commiHsionei's,  for  execntinj;'  tlie  oflice  of  Lord  Hif^b  Admiral 

oi' (Jreat  Ibitain  and  Irelaml,  iVc 177 

Vancouver  followed  the  lead  of  AmericaiiH.     Hi.s  in.struction.s 177 

No.  (il.  Extract  of  voya<j;e  of  Cai»tain  \'ani'(niver.     No  soundinjj;.s  api)'.'ar 

on  Vancouver's  map  when^  tlio  water  is  of  jfrcit  depth 177 

No.  (!'».  J'^xtracts  from  tlie  reniiiiks  of  Mr.  Daniel  Web.stiM'  in  tiie  Seiiato  of 

the  United  States,  :Mareh  :!(l,  lH4(i 176 

No.  tiC).  Four  years  in  Hritish  Columl)ia   and  Vancouver  Islund,  by  Com- 

mander  l{.  ('.  Ma vne 178 

Where  Fuca's  Strait  ends 178 

Facts  and  liu;nres relating; to  Vancouver Ishind  and  Hritisli  Ccdunibia,  l)y 

J.  Despard  rendicrton 178 

Limited  extent  of  Fuca's  Straits 178 

?i'o.  ()7.  Extract  from  a  letter  of  Sir  .F.  I'elly,  governor  of  tlie  Hudson's  Bay 
(,'omitauv,  to  the  Lords  of  the  Committee  of  I'rivv  Council  for  Trade, 

February  7,  IS^H / 171) 

Tlie  HikIsoii's  Ha\'  Company  expel  Americans  from  t'.e  fur-trade 17l> 

Allidavit  of  \V.  II.  (iray 17'J 

Jlxtract  from  a  hitter  of  Sir  .1.  Pelly.  <;overiior  of  the  Hudson's  Bay  Com- 

jiauy,  to  the  F^arl  of  Abenh'cn 180 

Tlie  HudHoirs  Bay  Comjiaiiy  sujff^est  to  liord  Aberdeen  to   draw   the 

boundary-line  through  the  eliannel  used  by  Vancouver 180 

Xo,  G8.  Mr.  Crampton  to  Air.  liuciianan,  .hinuary  1:5,  1848 181 

The  British  Oovernment  wislies  the  Americiin  to  agree  on  the  channel 

used  by  N'ancouver  as  the  boundary 181 

No.  ()1>.  Extract  from  additional  instructions  to  Captain  I'revost,  Decem- 
ber iiO,  IHoO  ; 181 

Tim  British  ( Jov(;rnmeiit  in  18.'>(')  does  not  claim  the  so-called  Kosario  jis 

the  boiindarv 181 

No.  70.  Captain  Wevost  to  Mr.  Camiibell,  (extr.nct,)  Octolier  2'^,  1857 182 

Admiral  I'revost  on  the  channel  of  the  treaty 182 

No.  71.  Mr.  Edward  Everett  to  Mr.  Campliell,  (extract,)  May  2!t,  18.->h 182 

Mr.  Everett  on  the  channel  of  the  treaty 182 

No,  72.  Mr.  Campliell  to  ]\Ir.  Cass,  (extVaet.)  February  10,  ls.-,8 183 

Lucid  statement  of  Mr.  Campbell  on  the  channel  of  the  trc^aty 183 

No.  73.  Lord  .loliu  IJussell  to  Lord  Lyons,  (extracts.)  August  24,  Is')'.) 184 

The  British  (Jovernment  announces  its  intention  of  obtaining  the  Island 

of  San  .luan 184 

Sir  L'iehard  I'akenhani  on  the  watei'-bouiidary  under  the  Oregon  treaty 

of  184(1 185 

Sir  \i.  Pakeuliam,  in  1851),  denies  the  Rosario  to  be  the  channel  of  the 

treaty 18.5 

Sir  K.  Pakenham  misstates  Lord  Abtadeen's  instruction  hy  ^uppres8illg 

.lis  description  of  the  cliauuel  of  the  treaty 185 

No.  74.  Mr.  Cass  to  Mr.  Dallas,  October  20,  186'.) 18G 

Mr.  Cass  on  the  channel  of  tlie  treaty 18G 

No.  75.  Lord  John  Russell  to  Lord  Lyons,  (extracts,)  December  Ifi,  1859..  188 
The  British  government  in  185'J  does  uot  claim  the  so-called  Rosario  as 

the  boundary 188 

Lord  John  Russell  does  injustice  to  the  moderation  of  his  own  adminis- 
tration in  1848.    Lord  Palmestou  gave  the  acquiescence  of  silence...,  188 
No.  7G.  Abstract  of  the  returns  of  the  ninth  census  from  the  "  disputed" 

islands  in  the  county  of  Whatcom,  Territory  of  Washington 189 

The  population  of  the  Ilaro  Archipelago  more  than  two-thirds  American  189 

Charts  and  maps  to  memorial  and  reply 183 


SKCO 


al 
'al 
al 
'a;' 
II 


M 
A 


i 


<f 


,i 


No. 


No. 

No. 
No. 
No. 


CONTENTK. 


IX 


I 'age. 


>;iriv 


•  •  •  » 

1()<) 

-  -  •  ■ 

1(>!) 

-  -  •  • 

170 

- . . . 

170 

Kiuy, 

•  •  •  • 

171 

- .  -  - 

172 

•  •  • . 

17M 

•(•Ill- 

-  •  -  • 

171 

>  ■  •  • 

174 

•  •  > . 

17(; 

VIT, 

lii'iil 

•  •  •  • 

177 

.... 

177 

I^'-^ar 

.... 

177 

iiioi 

.... 

178 

'oin- 

•  •  -  • 

178 

. .  -  • 

178 

J  '>^ 

178 

-  - .  • 

178 

Uay 

kIl', 

-  -  -  • 

17» 

•  -  -  - 

17!) 

- . . . 

171) 

0111- 

180 

tllo 

•  •  • 

180 

.  •  • 

181 

iiicl 

•  •  ■ 

181 

eiu- 

*  ■  . 

181 

)  as 

>  >  • 

181 

... 

182 

-  -  - 

182 

.  .  « 

182 

•  .  ■ 

182 

-  -  . 

183 

■  ■   . 

18;} 

•  ,  . 

184 

(lul 

•   .  . 

184 

'ty 

1^5 

tho 

»  •  • 

185 

"K 

185 

>  •   . 

18G 

,  , 

18G 

).. 

188 

as 

.  • 

188 

IS- 

^  ^ 

188 

1" 

•  • 

189 

lU 

189 

,  , 

18a 

sr.( 


'  IV. 

ONI)  AM)  iiKi'iMi  i\'i;  si'A  I  i:mi;\i'  ox  ukiialk  of  riii;  covi-.i.'n.mkni 

OF  IlKl:   i;ii'll'ANMC  MA.IKSTV. 


HI  I  

lit  II   

Ill  III 

Hi  IV 

Ill  V 

Ilistdrifiil  notes.  IHJH  to  184(1; 

Mis ... 

|H-.>4 

lH-2(i,  IH27 

1H-<>7_1HI-J 

1rt4:{ 


!4:' 

1844 
1845 


lH4(i 

('Ill'nlinl()n;i(';i|     list     showill;;    lllr     liiiliics   illlil    ilatrs    iii'    ii|)|iiiilil  aiciit     oC    tlir 

\iirioiis  l'iliici|ial  Scrrcfiirir.s  ol   State  lor  I'oicinii  ADaiis  in  (in-al   Hril 
aiii  and  IJrilisli   Ministers  at  \Va>liiin;loii,  anil  ol'llic  \arioiis  I'rcsiilmt.s 
anil  Scciclarics  of  Stale  of  tlie  rnileil  States,  ami  Fnited  Slates  Mini  -- 
ters  at  Loniloii.  I'roni  l-'l*  to  F-'Vi  

.Meinoiandiini    relalivi'   lo   (lie   ()iij;in    ,ind    |iri\  ileu,e^  of  ilic    lliidsdM'      l!a\ 
(.'oiiipaiiy 

Ari'i:.M)i\  : 

No.   1.    I'',\ll'ael    >llo\\  inn    llie    \  i(   AS    III     l",all    nl'    Aliildirii     niil    Sir   I'    •liird 

I'aKenliam 

Lold.lolin  h'lisselj  In  Loiil  Lyun>,  All;;ll.>l  •-'l,  l-^.'i'l     

liielosiire    in  a'lovi    uieinorandiini    liy  Sir    K',   I'.iIm  iili.iin   lei   llic   u.i'rr- 

boiind.'iry  iiiiili  I  liie  Ore;;(Mi  |real.\  ol"  l^lii.    ..      

No.  2.  t'onesiMindcnee  lictweeii  Mr.  Mancrori  and  .Mi'.  l!ii(  hiiiaii 

Air.  l?ai.i  .'(il't.  to  .Mr.  I?iielianaii,  Xo\eiiil>er  :;,  Hlli 

Mr.  IJiielianan  lo  Mr.  l'>anrrot'l.  Deeeiiilier  'l~.  isHl 

No.  :>.   Letters  ol'  Mr.  ( 'ram  pi  on  show  in;;'  .Mr.  Ilnelianan's  u|iiiiioiis 

.Mr.  Cranniiiiii  to  N'iseonnI   I'almervim.,  ,lanuar.\    I:!,  I-I^    

Mr.  ('rani|iton  lo  Mr.  .MariN ,  l''el>rii,ir.\'  ".',  F"'.')ti      

Xo.  4.  Conversal  ion  and   em  respondenee   between    Mr.    Ilaiiiiull    ,iml  \i.-^- 
eoniil  I 'aimer. -.ton  . 

Mr.  lianemrt   to  .Mr.  Iltielianaii,  .Aiij'iist  4,  lr\t^ 

Mr.  Biineidl'l  to  Xisiiiinl  I'almerston,  ,)nly  :'il.   l.-|.- 

N'iseniint  I'alinerslon  to  Mr.  I  Sane  roll,  An  nasi  "il.  I>1- 

Mr.  Hanerol'I  lo  ^'iseonnl  I'alnu'iston.  Nosenilier  ;>.  1>IS 

^'isl•olUl^  I'almerslon  to  Mr.  I  Jane  roll,  No\  i  ndier  7,  F'^l'^ 

No.  r>.  I'l'oposed  amendment  to  Artieh;  II  of  treaty     

Mr.  lioelianan  to  Mr.  .Mael.aiie,  .liiiii-  i:;.  I- 111 

V. 


Xo. 


•iiye. 
1!).-. 

lit: 

1!)'.) 
2117 
•i'l'.i 

21 T 
217 
21> 

.>\s 

21!) 
•.'•ill 
22:} 
22(! 


211 


•-Ml 


•ill 

• '  1  '. 

21.". 

24.". 

24tl 

24ti 
2)7 

21!» 
24!  1 

2.')l» 

•J.'d 

250 

251 

251 

251 

COKWKSl'oXltFXtM:. 

1.  Mr.  I'Msli  to  Mr.  Maiicrol't   Ineloses   diaii;;Iil  ol'  a   note   in    lie    pre- 

.liily  1-^.  1>7I.  rented  lo  the  Kiiipeior  ol' ( ierniaiiy. 
inviliiii'' liiiii  to  act  a.s  .■irl)iti'ator  lie- 
I'.veen  the  I'liited  States  and  (ireal 
Hiitaiii  in  I  he  nortliwest  watcr-lionml- 
aiy  eontroveisy  


No.     2,  Air.  Hiuicrol'l  to  Mi;  Fish Imloses  copy  of  joint   mile  pii'seiileil 


.Inly  2!t,  1.-71. 


n\  itiiif;' the- Kiii]ieror  to  aei   as  ail 


trator 


Xo. 

Xo. 
Xo. 


:?.  Mr.  liancioft  lo  .Mr.  Fisl 


4.  SaiiU!  to  same 


Ainiust  21,  l.-^71. 


S(M)teiiiber  1, 1871. 


The  Emiierov  aeei'pis  oflice  ol  ail    tia- 


2.".: 


tor 


Foi'iiial   acceptance  by  ilie    lOiiipeior  of 


the  oflice  of  arbitrator 


5.  Mr,  Davis  to  Air.  Hancroft 


...   The  President  exprfsses  his  j^ratel'iil  ae 
Se]iteiiiber  2'^,  |S71.         knowledgiiicnts  for  the.  action  of  tli 

Eriiperoi 


25>' 


11  r> 


f;(:)NTKNTS. 


Vane. 
COKKliSPUNDENCE— Contiiiii.Ml. 

No.     (i.  Mr.  B;iii(;n>ff  til  Mr.  Fisli .MciiiDiiiil  of  tin-   I'nitiMl   Sfiites  on  the 

Dfcciiihcr  1"<i,  |h71.        Ciiii.vl   dc    Miiro   us   tlicir    nortliwi'sl 

l)oiiii<I.iry  prfsciift'd 'J.')'.! 

No.     7.  Siiiiic  1(>  sMinc    I'.ritisli  (Imsc  jiinl  K\  iilciicc  iirt'sciif.cd. .   "J(i(i 

Ditccinlicr  l.'i,  IrtTI. 

No.     f^.  Siiiiu^  to  same K'lccipl  ui' (lie  nifinoiiiil  acknowledged.  '2(i() 

DcceiiilxT  'J^,  1H71. 

No.     !».  Same  to  sanif Iicplics  ol   (Ik^  United  States  and  (ire at 

JniK'  11.  1"'7'J.         liritain  delixered  to  the  (ievnian  gov- 

(M'nnient "JdU 

No.   10.  SauK^  to  .same    TranHinits  copie.s  of  tlie   replies  and   of 

June  17.  lH7'i.         Ilie    eorrespondcMiue    attending   tiieir 

delivery   '2t)l 

No.   11.  Same  to  .same. ... lveeei|)l  ot"  detinitiM'  statements  l>y  (lie 

June 'Jt.  1H7'^.         iJernian  government  .leknowledged..   2I):{ 

No.  12.  Same  to  same A)i])ointni(^nt  of  gentlemen   to  (examine 

June  ys,  IH7'J.         Ilie  llaro  l>onndary  ipn'stion 'HV.\ 


No.   11{.  Same  to  same l)etisioi 


I      resiMM 


■tiiiji      fli(^      northwest 


1' 
Sejdemlier  :i().  1"<7'J.         boundary  ap)>roaehes  its  .solution 'Jill 

No.  11.  Sami' to  same Announeement   of   awaid    delaved    l)\- 


OetolxM-  1.  rs7-.'. 


leath  of  Trinec  Alhreeht  "JlU 


No.   1.">.  Sami'  to  same 'I'lie  iniiierJ!;!  arl>itrator  decrees  thai  the 


Oetoher  y:?,  1H7'.'. 


laim  of  the  riiil((l  Stales  is  most  in 
ilh  I  he  true  interpreta- 


.icciirdaiicc  w 


No.   1»>.   -Mr.  Mancrott  to  Mr.  I'isl 


lion  of  the  IreaiN   of  .)nne  1').  Ir^KI 
.    (  Niniirat  nl.ii  ions  on  ;i\\  .•iri 


•i(),1 


October  •»>!.  \f*7->. 


No.   17.  Mr.  r.iini'roft  to  Mi'.  ImsIi 


.\\Nard   iiccixid  and    forwarded.     Con 


()ctol)er  -.'l,  1-T'.'. 


gr.itnial  ions    on 


result.       'rhanl.'.s    ot' 


the  President  expressed  lot  lie  l^ui]) 


ror 


No.   IM.  Same  to  same Importance    of    the    award.     I'lieiidly 

( )itohcr  ".^4.  IH7"2.         (ondnct    of   the    British    emliassador 

rhronghoiit  till' discussion   'ili' 

No.    I'.t.  Mr.  Nicholas  h'ish  to  Mr.  Fisli lu'e-inihiirsement  ol' costs  and  <'xpenses 

Novemher 'J.  I'-T".'.         of   the    arliit  rat  ion    decjiiu'd    hy    the 

(ierm;in  government 'Jtl: 

No.  'UK  Mr.  I'"ish  to  Mr.  IJaneroft I'licndlv  act  of  the  (xorman  govei-nment 


s'ovemher 


>7,  i-^r-. 


No.  "-21.  Sir  K. 'riiorntoii  toMr.  l-'isli 

Novemher  '■!] .  lS7'-i. 


liigldy  appreciated 'UVJ 

Kll'ecl  to  lie  given    to   the  award  with- 
out delav  .' ',>7tl 


No.  yy.  Same  to  s.ime The  detachment  of  roval   marines  has 


November  '-lA.  lH7'i. 


•'711 


Mr.  I'isli  to  Sir  Iv  Thornton 


N( 


lb 


H7 


e\  acuated  San  .1  nan 

Acknowledges  note.  Spontaneous  ac- 
tion of  the  British  government  in 
accepting  the  aw  ard  is  highly  appre- 
ciated     'J71 


Page. 

s  oil  the 
ortliwt'sf 

anil 

H(^iit("(l..   '2V>U 
k'lt'dnred.'itio 

1(1  (ilCiit 

i.'in  <4()v- 

mj 

'  and  of 
ig   their 

'^'(il 

<!•>•  the 
I'djred..   2V):i 

;x.'miiiie 
ti(>:{ 

rtlnve>!t 
ion "ilil 

ved    liv 

'.    -ifit 

hjir  the 
nost  in 
rpreta- 
IH4()  ..    ',>(!.-, 

tifir) 

('"li- 
nks ()(' 
l']n!|)e- 
i2<i5 

iendly 
ssiidur 

-.'(IH 

)en.si!.s 
y  tlie 

-JfW 

mienl 

'>m 

witli- 

270 

s  lias 

'270 

s  ac- 
it  in 
[ipre- 
-,'71 


r. 


:memoria.l 


osr 


THE   CANAL   DE   HARO 


AS 


THE  BOUNDARY  LINE  OF  THE  UNITED  STATES  OF  AMERICA, 

rin;sKNTKi)  in  tiih  xamk  of 

THE   AMERICAN   GOVERNMENT 

'  ,  -  f  Of-  ,     . 

HIS  MAJESTY  WILLIAM  I, 

r,i;i!MAX   EMPKUOU  AXD    ICIXO   OF   I'liUSSrA, 

AS  ARBITRATOR, 

]]Y  Tire  AMKKICAN  rLEXIPOTENTIAKY, 
GEORGE  BANCROFT. 


Id 


r 


M  E  M  0  R I A  L . 


The  treaty  of  which  the  interpretation  is  referred  to  Your  Majesty's 
arbitrament  was  ratified  more  than  a  quarter  of  a  c«^ntury  ago.  Of  the 
sixteen  members  of  the  British  cabinet  which  framed  and  presented  it 
for  the  acceptance  of  the  United  States,  Sir  llobert  Peel,  Lord  Aber- 
deen, and  all  the  rest  but  one,  are  no  more.  The  British  minister  at 
Washington  who  signed  it  is  dead.  Of  American  statesmen  concerned 
in  it,  the  minister  at  London,  the  President  and  Vice-President,  the 
Secretary  of  State,  and  every  one  of  the  President's  constitutional  ad- 
visers, except  one,  have  passed  away.  I  alone  remain,  and  after  finish- 
ing the  threescore  years  and  ten  that  are  the  days  of  our  years,  am 
selected  by  my  country  to  uphold  its  rights. 

Six  times  the  United  States  had  received  the  oiler  of  arbitration  on 
their  Northwestern  boundary,  and  six  times  had  refused  to  refer  a  point 
where  the  importance  was  so  great  and  the  right  so  clear.  But  when 
consent  was  obtained  to  bring  the  'Question  before  Your  Majesty,  my 
country  rCvSolved  to  change  its  policy,  and  in  the  heart  of  Europe, 
[4j  before  a  tribunal  from  wliich  no  judgment  but  a  just  one  can  *eni- 
anate,  to  explain  the  solid  foundation  of  our  demand,  and  the 
principles  of  moderation  and  justice  by  which  we  have  been  governed. 

The  case  involves  questions  of  geography,  of  history,  and  of  interna- 
tional law  ;  and  we  are  glad  that  the  discussion  should  be  held  in  the 
midst  of  a  nation  whose  sons  have  been  trained  in  tliose  sciences  by  a 
Carl  Ritter,  a  lianke,  and  a  llettter. 

The  long-continued  controversy  has  tended  to  estrange  from  each 
other  two  of  the  greatest  powers  in  the  world,  and  even  menaced, 
though  remotely,  a  conflict  in  arms.  A  want  of  confidence  in  the  dis- 
position of  the  liritish  government  has  been  sinlving  into  the  mind  of  the 
States  of  the  Union  now  rising  on  the  Pacific,  and  might  grow  into  a 
popular  conviction,  not  easy  to  be  eradicated.  After  having  secured 
uniou  and  tranquillity  to  tlie  j>eople  of  Germany,  and  attained  a  hapjii- 
ness  never  before  allotted  by  Providen(!e  to  German  warrior  or  states- 
man, Avill  it  not  be  to  Your  .Majesty  a  crowning  glory  now,  in  the  fiUI- 
ness  of  years  and  in  the  (luiet  wliich  follows  the  mighty  struggles  of  a 
most  eventful  life,  to  reconcile  the  two  younger  branches  of  the  great 
tlermanic  family  i 


THE  POINT  Foil  AUBITKATIOX. 

The  point  submitted  for  arbitration  is  limited  with  exactness.  By 
-Vrticle  1  of  the  Treaty  concluded  at  Washington  on  the  15th  of  .lune, 
184G,  between  the  United  States  and  Her  Britannic  Majesty,  it  was 
stipulated  that  the  line  of  boundary  between  the  territories  of  the 
United  States  and  those  of  Her  Britannic  Majesty,  from  the 
point  on  the  forty-ninth  parallel  of  north  latitude  up  to  '*'' '■'"^^' '  "  ' 
which  it  had  already  been  ascertained,  shouhl  be  continued  westward 
along  the  said  parallel  of  north  latitude  "  to  the  middle  of  the 
channel  which  separates  the  continent  from  Vancouver's  Lsland,  and 


4  NORTHWEST    WATER    BOUNDARY   ARBITRATION. 

[."»]  thence  *southerly,  tlirongli  the  middle  of  the  said  channel  and  of 
Fnca's  Straits  to  the  Taciflc  Ocean."  The  British  Government 
claim  that  the  water-line  here  referred  to  shcmld  rnn  throngh  a  passajic 
which  they  have  thonght  proper  to  name  the  straits  of  Itosario,  and 
which  the  United  States,  for  the  purpose  of  this  reference,  permit  to  go 
by  that  name.  The  United  States  claim  that  the  water-line  runs 
A,i,,„aix,i.4.i.aii,  through  the  canal  de  Ilaro.  The  arbitrator  is  to  say  finally 
-'  and  without  appeal  which  of  those  claims  is  most  in  accord- 

ance Avith  the  true  interpretation  of  the  treaty  of  June  1"),  184G.  That 
is  the  point  submitted,  and  that  alone  ;  nothing  more  and  nothing  less. 
If  the  United  States  can  but  prove  their  claim  to  be  most  in  accord- 
ance with  the  true  interpretation  of  the  treaty,  it  is  agreed  that  the 
award  shall  be  in  their  favor;  how  much  more,  then,  if  they  prove  that 
their  interpretation  is  the  only  one  which  the  treaty  admits! 

HOW  THIS  DISCUSSION  WILL  BE  CONDUCTED. 

In  conducting  this  discussion  I  shall  keep  in  mind  that  the  restoration 
of  friendship  between  the  two  powers  which  are  at  variance  is  the  object 
of  the  arbitration,  ^'othing  that  has  been  written  since  the  ratifications 
of  the  treaty  were  exchanged  can  alter  its  words  or  affect  its  interpreta- 
tion. I  shall,  therefore,  for  the  present  at  least,  decline  to  examine  all 
communications  that  may  have  taken  pl.ace  since  that  epoch,  excep!:  so 
far  as  is  necessary  to  explain  why  there  is  an  arbitration,  and  shall  thus 
gain  the  advantage  of  treating  the  subject  as  simply  an  investigation 
for  the  ascertainment  of  truth. 

Since  the  intention  of  the  negotiators  must  rest  on  the  knowledge  in 
their  possession  at  the  time  when  the  treaty  was  made,  I  shall  use  the 
charts  and  explorations  which  have  advanced,  or  profess  to  have 
[G]  advanced,  our  knowledge  of  the  *country  in  question,  and  which 
are  anterior  to  that  date.  Of  sucli  chai  Is  I  have  found  six,  and  six 
only ;  and  though  they  are  of  very  unequal  value,  yet  for  the  sake  of  im- 
partiality and  completeness  I  present  ))hotographic  copies  or  extracts  of 
every  one  of  them.  Of  charts  of  explorations  of  a  later  date,  it  was  my 
desire  to  make  no  use  whatever ;  but  then,  as  will  appear  in  the  sequel, 
there  would  be  not  one  map  on  which  the  channel  claimed  by  the  British 
government  could  be  found  with  the  name  of  "the  str  its  of  Kosario ;" 
i  am  therefore  compelled  to  add  a  later  chart,  on  which  that  name  is 
placed,  as  required  for  the  arbitration.  This  chart  also  shows  the  length 
and  breadth  and  depth  of  the  resi)ective  channels. 

My  task  is  an  easy  one;  for  I  have  only  to  deduce  the  inte!itions  of 
the  negotiators  of  the  treaty  from  its  history,  and  to  interpret  its  words 
according  to  the  acknowledged  principles  of  interiuitioiml  law. 

PARALLELS  OF  LATITUDE   THE  CUSTO^LVRY  BOUNDARIES  OF   ENGLISH 

COLONIES  IN  NORTH  AMERICA. 

A  parallel  of  latitude  extending  from  the  Atlantic  to  the  Pacific  was 
a  usual  boundary  established  by  England  for  its  colonies  in  North 
\,.i,cmi,v,i,...i.u  America.    The  charter  granted  in  1020  by  James  I,  to  the 
-'"  con)pany  of  Plymouth  for  'Sew  England,  Ijounded  its  terri- 

tory by  the  parallels  of  48°  and  of  40°  north  hititude  "  in  length  and 
breadth  throughout  the  mainland  from  sea  to  sea."  The  charter  granted 
by  Charles  I  to  IMassachusetta  in  1028  had  in  like  manner 
v.h.i-n-i,.  ^^^,  its  northern  and  southern  boundaries  i)arallels  of  lati- 
tude running  from  sea  to  sea.    So,  too,  had  the  old  patent  of  Connecti- 


^1 


r.  r.  I,  r  I'l 
r.  r,  I.  ii;  h. 


MKMOltlAL    OF    THE    LMTKD    STATES.  5 

cut;    SO    too   had    the   charter   to   Connecticut,   granted   by   Charles 
II,  in   10(»2.     The    charter    granted    in    1()G,'J    by   Charles 
II,  to  the  Lords  Proprietors  of  Carolina,  adopted  as  their 
northern  boundary  the  parallel  of  six  and  thirty  degrees,  and 

as  their  southern  boundary  the  i)arallel  of  "  one  and  thirtj'  de- 
[7]       grees  of  *northern  latitude,  and  so  west  in  a  direct  line  as  far  as 

the  South  seas."    The  precedent  was  fc'lowed  by  George  II,  iu 
the  chaiter  granted    in  1732  for  Ceorgia;    and  in   17G1 
(leorge  III  otticially  described  that  colony  as  extending  by 
parallels  ''westward  iu  direct  lines"  to  the  Pacific. 


Ai.ii.-n.lix,  p.  r.  \.->'> 
-'1. 


THE  SAME  KILE  CONTINUED  IN  THE  TREATY  OF  PEACE  OF  1872. 

In  the  first  convention  between  the  United  States  of  America  and 
Great  Britain,  signed  at  Paris  on  the  30th  of  November, 
1782,  the  northern  boundary  line  of  the  United  States  was  "'""'''"  ■""■ 
carried  by  the  two  powers  through  the  great  upper  lakes  to  the  most 
northwestern  point  of  the  Lake  of  the  Woods.  If  from  that  point  the 
lino  was  to  be  continued,  the  treaty,  adoi)ting  the  precedent  of  the  past 
centurj'  of  colonization,  and  foieshadowing  the  rule  of  the  future,  pre- 
scribed "  a  due  west  course."  , 


THE  SAME  IJULE  APPLIED  TO  THE  BOUNDARY  OF  LOUISIANA. 


ENGLISH 


ApiMii.i.v  No 


lly  the  treaty  of  April  30, 180,">,  between  the  United  States  of  America 
and  the  Frencli  liei)ublic,  the  United  Stat<»s  came  into  pos- 
session "forever  and  in  full  sovereignty  "  of  the  colony  and 
Territory  of  Louisiana. 

Xo  sooner  had  the  United  States  made  this  accpiisition  than  they 
.sent  out  an  exjjloring  expedition,  which  made  known  to  the  world  the 
IJoeky  Mountains  and  the  branches  of  the  river  of  Oregon,  the  mouth 
of  which  an  American  navigator  had  been  the  first  lo  enter. 

By  the  acquisition  of  Louisiana  the  Republic  of  America  and  Great 
Britain,  as  sovereign  over  the  territory  of  Hudson  Bay,  became  ueigli- 
l)ors  still  further  to  the  west ;  and  the  two  powers  took  an  early  oppor- 
tunity to  consider  their  dividing  line  we.st  of  the  Lake  of  the'Wood.s. 
The  United  States  might  have  demanded,  perhaps  should  have 
[SJ  demanded,  under  *the  treaty  of  1782,  that  the  line  "due  we.st" 
should  proceed  from  "  the  most  northwer-t  point  of  the  Lake  of  the 
Woods."  That  point  is  near  the  parallel  of  50°;  the  United 
States  consented  to  the  parallel  of  40'='.  But  with  regard  to 
the  continnatiou  of  the  line,  while  Mr.  Madison,  the  American  Secre- 
tary of  State,  was  desirous  not  to  advance  claims  that  could 
be  "offensive  to  Spain,"  both  parties,  adopting  the  words  of 
the  treaty  of  '  "^2,  agreed  as  between  them.selves  that  the  line  should 
l)roceed  on  that  parallel  "  in  a  due  west  course "  to  the 
Itocky  ^lountains.  In  1807  this  agreement  would  have 
been  ratified;  but  the  maritime  decrees  of  the  I'mperor  Napoleon,  dated 
at  Berlin  and  at  Milan,  disturbed  the  peace  of  the  oceans,  and  orders  in 
council  in  Great  Britain,  which  finally  provoked  war  with  the  United 
States,  interposed  delay. 

When,  in  1815,  the  terms  of  peace  were  to  be  adjusted,  the  American 
plenipotentiaries  wei-e  instructed  by  their  Government  as    Mpen.ivxo. mm 
to  the  northwestern  boundary,  to  consent  to  no  claim  on  "' 
the  part  of  Great  Britain  to  territory  in  that  quarter  south  of  the  forty- 
ninth  parallel  of  latitude;  and  they  implicitly  a<lhered  to  their  instruc- 
tions. 


Alip.'ii.)i\  N...  (>.  I 


Al 1 

IV  111. 


API lix  N.i 

;i.  I.  1.  -J. 


b  NORTHWEST    WATER    BOUNDARY    ARBITRATION. 

In  due  time  the  negotiations,  Avhich  bad  effected  an  agreement  in 

n.nv,„tM,n  w.th  ^^^^■>  ^^'cr«  renewed;  and,  on  the  iiOth  of  Octobe',  1818,  the 

<^  'i"rMmn''n,i."ao!  ])arallel  of  49°  was  adopted  as  the  boundary  line  between 

" the  two  countries  as  far  as  the  Stony,  or,  as  we  now  more 

commoidy  call  them,  the  Kocky  ^Mountains.  From  that  range  of  moun- 
tains to  the  Pacitic,  America,  partly  from  respect  to  the  claims  of  Spain, 
was  willing  to  delay  lor  ten  years  the  continuance  of  the  boumlary 
line. 


THE  UNITED  STATES  ACQUIRE  THE  CLAIMS  OF  SPAIN  NORTH  OF  4-i  . 

The  ocean  chivalry  of  Spain  were  the  first  to  explore  the  northern 
coast  of  the  I'acilic.     Hernando  Cortes  began  the  work.     The 
[9]        straits  of  Fuca  take  their  name  from  a  Greek  *navigator  who  was 
in  the  Spanish  service  in  1;">92.     Perez,  a  Spaniard,  whose  explo- 
rations extended  as  far  to  the  north  as  .54°,  discovered  Nootka  Sound 
in  1774.    In  the  next  year  Bodega  y  (Quadra  reached  the  flfty-eighth 
degree,  and  Heceta,  on  the  15th  of  August,  1775,  returning  from  Nootka, 
noticed,  though  he  did  not  enter,  the  D)outh  of  the  river  Oregon,    in 
1789,  1790,  1791,  before  a  British  keel  had  entered  the  straits  of  Fuca, 
a   succession  of  Si)anish   n.ivigators,  Martinez   and   de   Ilaro,  Eliza. 
Fidalgo,  ((Juimpei",  and  others,  liad  explored  and  draughted  charts  of 
the  island  which  is  now  called  Vancouver,  and  the  waters  which  lie  to 
the  east  of  it.    When  Vancouver,  on  the  29th  of  April,  1792,  passed 
Arremi.x  No,  I.'   tlirougli  tlic  straits  of  Fuca  and  entered  those  waters,  he 
'  '■'  encountered,  to  Ins  mortification,  Spanish  navigators  who 

had  already  explored  them  and  who  produced  before  him  a  chart  of 
that  region  made  by  Spanish  oflicers  the  year  before. 
By  the  treaty  of  Spain  with  the  United  States,  of  the22d  of  February, 
Tn„..io.i,iiM„t,,  1819,  "  llis  Catholic  Majesty  ceded  to  the  United  States  all 


M. ( i..vi.,i  jijj^  rights,  claims,  and  pretensions  to  any  territories  north 


Fill  re 

K.-tliilii.H      iiiihIii.4     .1 

Aliifncil.     Art.  ',i. 


of  the  parallel  of  latitude  42°,  from  the  Arkansas  lliver  to 
the  Pacitic." 

Thus  did  the  custom  of  boundaries  by  a  parallel  of  latitude  receive  a 
new  confirmation  ;  and  thus  did  the  United  States  become  sole  heir  to 
all  the  jnetensions  and  rights  which  Spain  had  acquired  in  North  Amer- 
ica, north  of  the  parallel  of  42°,  and  beyond  that  of  49°. 

]MR.  HUSKISSON  OBJECTS  TO  THE  DIVISION  OF  VANCOUVER  ISLAND. 

When  the  ten   years'  limitation  of  the  treaty  of  1818  drew  near,  Mr. 

Miemiix  N.i. « ,.   Canning,  secretary  of  state  for  foreign  affairs  in  Great  Brit- 
'"  ain,  on  the  20th  of  April,  182G,  invited  the  American  Gov- 

ernment to  resume  negotiations  (atteu)pted  in  vain  in  1824)  for  settling 

the  boundiiry  upon  the  northwest  coast  of  America. 
1 10]  *At  that  time  John  Quincy  Adams  was  President  of  the  United 
States,  with  Henry  Clay  for  Secretary  of  State  ;  and  the  nego  tia- 
tion  on  the  American  side  was  conducted  in  London  by  Albert  Gallatin. 
Keenforced  as  were  the  United  States  of  America  by  the  titles  of  both 
France  and  Spain,  in  addition  to  their  own  claims  from  contiguity  and 
discovery,  they  remained  true  to  their  principle  of  moderation,  and  again 
it  was  resolved  not  to  insist  on  the  territory  to  the  north  of  49°  which 

Ap... Mijix  No. «.  p.  Spain  iiad  ceded ;  and  on  the  19th  of  June,  1 820,  "  in  the  spirit 
"  of  concession  and  compromise,  which  he  hoped  Great  Britain 

would  recognise  and  reciprocate,"  Mr.  Clay  authorized  Mr.  Gallatin 
to  proi)ose  "  the  extension  of  the  lino  on  the  i)arallel  of  49°  from  the 
Stony  Mountains  to  the  Pacific  Ocean.'*  ''  This'-  he  wrote, ''  is  our  ultima- 


( 


.MEMORIAL    OF    THE   UNITED    STATES. 


anient  in 
1818,  tbe 
between 
ow  more 
of  monn- 
:)t' Sixain, 
(oundiirv 


OF  42  . 

iiortliorn 
ik.  Tl»e 
who  was 
ie  ex[>lo- 
:a  Sound 
;y-ei8litb 

Nootka, 
gon.  hi 
of  Fiica, 
[),  Eliza, 
jbarts  of 
cb  lie  to 
I,  passed 
aters,  be 
tors  wbo 

cbart  of 

[ebriiary, 

tates  all 

es  nortb 

liver  to 

eceive  a 

e  beir  to 

X  Anier- 


ILAND. 

ear,  Mr. 

eat  Brit- 

an  Gov- 

settling 

!  United 
logo  tia- 
;ialhitin. 

of  botb 
lity  and 
id  again 
o  wbicb 

le  spirit 

Britain 
jallatin 
rora  tbe 

ultima- 


tum, and  you  may  so  announce  it.  We  can  consent  to  no  line  more 
favorii  )le  to  Great  Britain."  In  tbe  following  August  Mr.  Clay  repeated 
to  Mr.  fjallatin  :  "Tbe  President  cannot  consent  tbat  tbe  a„,.,,.i,xno.i.,p. 
boundary  on  tbe  nortbwest  coast  sball  be  soutb  of  forty-  '-'i" 


('itrivcntif)n  with 
Grf;u  IlnliiiM,  Au- 
Kll^t   ti,    1MV!7. 


i 


inne." 

On  tbe  22d  of  November,  1S20,  Mr.  ITuskisson,  one  of  tbe  P>ritisb 
plenipotentiaries,  remarked  on  tbe  straigbt  line  proposed  aii.uIv  n,.  k.. 
by  tbe  United  States,  tiiat  its  cutting  ott"  tbe  lower  ])art  of  '  '- 
A'ancouver  Island  was  quite  inadmissible.  Here  is  tbe  tirst  intimation 
of  tbe  boundary  line  of  41P  to  tbe  Paeilic,  witb  Just  so  mucb  deflection 
as  to  leave  tbe  soutbern  extremity  of  \'ancouver  Island  to  Great  Britain. 

To  tins  Mr.  Gallatin,  nine  days  later,  replied,  tbat ''  to  tbe  forty-nintb 
parallel  tbe  United  States  would  adbere  as  a  basis."  Yet  A,.,..n.i,x  s„.  n. 
as  it  seemed  to  cut  Vancouver  Island  in  an  inconvenient  '  " 
manner,  bo  bad  in  view  tbe  excbange  of  tbat  soutbern  extremity  fw"  an 
equivalent  nortb  of  49°  on  tbe  mainland.  Here  is  tbe  first  intimation 
of  tbe  possibility,  on  tbe  part  of  tbe  United  States,  to  vary  from  tbe 
line  of  49°,  but  only  so  far  as  to  yield  to  Great  Britain  tbe  soutbein  ex- 
tremity of  Vancouver  Island,  in  return  for  a  full  equivalent. 
[11]  *But  tbe  interest  of  tbe  Hudson  Bay  Company  was  better  sub- 
served by  leaving  tbe  wbole  region  open  to  tbe  fur  trade,  and  tbe 
United  States  on  tbeir  part  bad  no  motive  for  bastening  an  adjustment. 
Tbe  American  envoy,  tberefore,  in  1827  consented  to  prolong 
tbe  treaty  of  1818,  yet  witb  tbe  proviso  tbat  eitber  party 
niigbt  abrogate  it,  on  giving  notice  of  twelve  montbs  totbe 
otber  contracting  party.  Under  tbis  convention  tbe  question  of  juris- 
diction and  boundaiy  remained  in  abeyance  for  nearly  sixteen  years. 

LORD    AlJEI^DEEX    AND    MR.    EA'ERETT    DISCUSS    I'DE    NORTIIWESTERX 

BOUNDARY. 

In  October  1822,  tbe  Britisb  foreign  secretary,  tbe  Earl  of  Aberdeen, 
wbo  tbrougb  tbe  agency  of  Lord  Asbburton  bad  just  settled 
our  n<n'tbeastern    boundary  from  tbe  Laice  of  tbe  Woods  to  i.u'.""  ''  '^"    ' 
tbe  Atlantic,  expressed  to  Mi.  Everett,  tben  American  min-         '    ' '    ' 
ister  at  London,  a  strong  wisb  tbat  be  migbt  receive  instructions  to 
settle  tbe  boundary  between  tbe  two  countries  on  tbe  Bacilic  Ocean. 

American  emigrants  bad  already  begun  to  tind  tbeir  way  on  foot 
across  tbe  continent.  In  1843  a  tbousand  emigrants,  armed  men, 
Avomen,  and  cbildren,  witb  wagons  and  cattle,  liaving  assembled  on  tbe 
western  frontier  of  Missouri,  marcbed  across  tbe  plains  and  tbrougb  tbe 
mountain  passes  to  tbe  fertile  valley  of  tbe  Willamette  in  Oregon.  Tbe 
ability  of  America  to  enforce  its  rigbts  by  occupation  grew  A\itb  every 
year.  But  its  increasing  power  did  not  cliange  its  policy  of  modei'ation, 
and  to  meet  tbe  wisli  of  Lord  Aberdeen,  on  tbe  Otb  of  October,  1843, 
^lie  Government  of  tbe  United  States  sent  to  3rr.  Everett  a„i,™iix  nc.  w. 
tbe  necessary  powers,  witb  tbis  instruction  :  "  Tbe  offer  of  •"  '" 
tbe  forty-nintb  parallel  may  be  again  tendered,  witb  tbe  rigbt  of  navi- 
gating tbe  Columbia  on  equal  terms." 

On  tbe  29tb  of  November,  1843,  soon  after  Mr.  Everett's  full  powers 
[12J  bad  arrived,  be  and  Lord  Aberdeen  bad  a  very  *long  and 
important  conversation  on  tbe  Oregon  question ;  and  tbe  Awenjix  nu,  k, 
concession  of  Lord  Aberdeen  appearing  to  invite  an  ex-  "  r'id.  i.  2.. 27. 
pression  of  tbe  extremest  modification  wbicb  tbe  United  States  could 
admit  to  tbeir  former  proposal,  Mr.  Everett  reports  tbat  be 
said : 

I  thought  the  President  might  be  induced  so  far  to  depart  froui  tlie  forty-ninth 


i'.  ->'.).  1.  ;ii  :»;. 


■5P 


NOKTHWKST    WATER    IJOl'XDAKY    AKIJITRATION. 


1'.  IH,  I.  ;iL>.  :i:i. 


1'.  ■.':).  I.  .T.I.  111. 


]miiilltl  as  to  l»'iiv<!  tlu!  \yh()Ie  of  Qniulia  iiiid  Vancouver's  Island  to  Eiij^lauil,  wIicieuN 

that  lino  of  lutitutlo  wonltl  ji'wo.  ns  tlu'  southern  extremity  of  tliat  island,  ami  conse- 

qtiently   the  eonininnd  of  the  straits  of  Knea  on  both  sides.     I  then 

pointed  out  on  a  uuip  the  extent  of  this  conei-ssion  ;  and  Lord  Aberdeen 

said  ho  would  take  it  into  consideration. 

Tlie  next  day  IVIr.  I'^vorctt  more  foriiially  referred  to  tlie  subject  in  a 
Ai.ii,Mi,x,|.  11  JL'    note  to  the  British  secretary: 

4()  (ii!os\KX()K  Pi,.\(  K,  :K»th  Xonmhcr,  1841!. 

Mv  1)i:ai!  Lni!i>  AifKi{i)i:i:x.  »  *  »  It  apjiears  from  Mr.  Gallatin's  correspondence 
that  »  *  »  y\i;  Iluskisson  had  especially  objected  to  the  extension  of  the  41t '  to 
the  Pacific,  on  the  ground  that  it  would  cut  off  the  southern  extremity  of  Quadra  and 
Vancouver's  Island.  My  su<fjfestioM  yesterday  would  obviate  this  oltjection.  *  * 
A  glance  at  the  map  shows  its  importance  as  a  uujdilicatiou  of  the  forty-ninth  degree. 
*     *     *    Edward  Everett. 

On  the  2d  of  February,  and  on  the  l.st  of  Ai)ril,  1844,  Mr.  Everett 
ApiKiHiiv  .v..  ill.  reports  that  he  continuously  insisted  with  Lord  Aberdeen 
"-'--'  that  the  only  moditication  which  the  United  States  couUl, 

in  his  opinion,  be  brought  to  agree  to,  was  that  they  shouhl  waive  tlieir 
chiini  to  the  southern  extremity  of  Vancouver  Lsland,  and 
that  Lord  Aberdeen  uniformly  answered :  "  he  did  not  think 
there  would  be  much  difficulty  in  .settling  the  question." 
During  the  following  months  3Ir.  Everett  and  Lord  Aberdeen,  both 
wishing  sincerely  to  settle  the  controver.sy,  had  I'urther  frequent  conver- 
sations, and,  as  the  result  of  them  all,  3Ir.  Everett  reported  that 
[l.'JJ      England  woidd  not  accept  the  *naked  parallel  of  4!P  to  the  ocean, 
but  would  con.sent  to  the  line  of  the  forty  ninth  degree,  provided 
it  could  be  so  modified  as  to  kave  to  (Jreat  Jlritain  the  .southern  ex- 
AiMHiiiiv  N...  .'.'  tremity  of  Vancouver  Ishunl.     "  I  have  spared  no  pains,'" 
"  ="'•  '•  '■^'^ "         wrote  3Ir.  Everett  on  the  L'-St h  of  February,  184."),  "  to  impress 
upon  Lord  Aberdeen's  mind  the  persuasion  that  the  utmost  which  the 
United  States  can  concede  is  the  49th  jiarallel  with  the  ntodification 
suggested,  taking  always  care  to  add  that  J  had  no  authority  for  saying 
that  even  that  modilication  would  be  agreed  to." 

To  one  fact  I  particularly  invoke  the  attention  of  the  Imperial  arbi- 
trator: not  the  least  room  for  doubt  was  left  by  IMr.  I'^verett  with  regard 
to  the  extent  of  the  modification  i)roposed.  lie  had  pointed  it  out  to 
Lord  Aberdeen  on  the  map,  and  had  so  often  and  so  carefully  directed 
his  attention  to  it,  that  there  could  be  no  misapprehension  on  the  limit 
of  the  proposed  concession.  jNIr.  Everett  retired  from  ottlce  in  the  full 
persuasion  that  the  northwe steru  boundary  Avould  be  settled,  whenever 
the  United  States  would  consent  so  far  to  dei)art  from  the  i  a  'allel  of 
49°  as  to  leave  the  whole  of  Vancouver  Lsland  to  Great  Britain. 


Ainii'tuli.v    N 
p.  24.  2.1. 


THE  rAMPHLET  OF  MR.  STCRGLS. 

The  subject  attracted  public  attention.  On  the  2-d  of  January,  1845, 
]Mr.  William  Sturgis,  a  distinguished  citizen  of  the  United 
States  who  had  pas.sed  several  years  on  the  northwest  coast 
of  America,  delivered  in  Boston  a  lecture  on  what  was  now  generally 
called  the  Oregon  question,  in  which,  hitting  exactly  the  idea  of  Mr. 
Everett,  he  proposed  as  the  boundary:  ''a  continuation  of  tlie  parallel 
of  49°  across  the  Itocky  Mountains  to  tidewater,  .say  to  the  middle  ot 
the  Gulf  of  Georgia ;  thence  by  the  northernmost  luivigable  passage  (not 
north  of  49°)  to  the  straits  of  Juan  de  Fuca,  and  down  the  niitldle  of 
these  straits  to  the  Pacific  Ocean ;  the  navigation  of  the  Gulf  oi' 
1 14J  Georgia  and  the  Straits  of  Fuca  to  be  forever  *free  to  both  parties ; 
all  the  islands  and  other  territory  lying  south  aiul  east  of  this 
line  to  belong  to  the  United  States,  and  all  north  aiul  west  to  Great 


;lauil,  \vhert>ii> 
11(1,  iiud  t'oiiMc- 
ti'uU'H.  I  then 
^ortl  Aberdeen 

subject  ill  ii 


i 


cmho;  184:{. 

JiTospondenco 
of  the  4!»  to 
1"  Quadra  and 
ion.  *  *  * 
uiutli  degree. 

Ir.  Everett 
Aberdeen 
ates  could, 
waive  their 
slaiid,  and 
d  not  think 
estion." 
decn,  both 
2nt  conver- 
)orted  that 
the  ocean, 
;  provided 
iithern  ex- 
no  pains,'- 
to  impress 
Avliich  the 
Ddification 
for  say  in  y 

erial  ai'bi- 
ith  regard 
it  out  to 
y  directed 
I  tbe  limit 
n  the  full 
whenever 
a;allel  of 
iti. 


lary,  1845, 
le  United 
vest  coast 
generally 
3a  of  Mr. 
e  parallel 
middle  ol 
5sage  (not 
iiiddle  of 
e  Gulf  of 
li  i)arties ; 
5t  of  this 
to  (heat 


tj 


MKMOUIAL    OK    THK    IMTKI)    STA TKS. 


{) 


IJritaiii.  I>.v  this  juriin},aMiH'nt  we  should  .virhl  to  (lioat  IJiitnin  th« 
portion  of  (Jmulra  and  Van(!oiiv('r's  Ishiiid  that  li»'s  south  of  hititiulc 
MP    *     *     #     Will  (Jioat  IWitaiii  a(!mlo  to  this  !     I  think  slir  will." 

TIu!  parnphh't  of  Mr.  Sturjiis,  accompanied  by  a  map  on  Mhi<'h  the 
proposed  boundary  is  nuuked,  was  road  by  Lord  Ashbnrton  and  by 
Lord  Aberdeen.     To  one  who  eminently  enjoyed  the  conlitlence  of  Itoth 

j;overnments  Lord  Abei'deen  pronounced  it  "a  clear  and     ^„| ,„  ^,   ,„ 

sensible  view  of  the  matter."'  Lord  Ashbnrton,  whose  opinion  '"''•'• 

on  the  subject  carried  the  j'reatest  weif;ht,  wrote  to  iMr.     m,„..,„i,,  s„  ,,,, 

Sturgis:      *  p^-.i.-n. 

Ymir  troatisf  ciialiU'S  iiic  cvcrv  flay  to  aiissvcr  satisfactorily  tin-  <|ii(*stioiis  j»nt  to  iin' 
so  ol'ti'ii,  wln-ic  is  tilt' On-^^oii,  and  wliat  is  tiiis  »lis|iiit(' about  .'  Voii  liavti  statt'il  tlir 
casi,'  distinctly  in  a  few  pajfcs, and,  what  is  indeed  unconiinon,  witii  j;ieat  iin|iaitialil\ 

Mli.  IJIC'HANAN  NKfJO'lIATKS  WITH  MR.  I'AKKNHAM. 

.Aleantime  the  ncfjotiation  on  the  Oregon  question  had  been  trans- 
ferred to  the  new  IJritish  minister  at  Washington.  Oilers  of  arbitration 
had  been  rejected;  emigration  aiMoss  the  plains  gave  promise  of  fountl- 
iiig  States  on  the  I'acific  ;  and  the  Congress  of  the  United  States  teemed 
with  propositions  to  prepan^  for  establishing  a  territorial  government 
in  Oregon.  When  the  administration  of  Mr,  I'olk  entered  upon  oHice, 
all  parties  in  America  were  unanimous  in  insisting  on  a  boundary  at 
the  least  as  favorable  as  the  parallel  of  V.P  ;  while  a  very  large  number, 
and  seemingly  the  largest  number,  thought  the  tinu^  had  come  for 
America,  as  the  heir  of  Spjun,  to  carry  its  claims  beyond  the  parallel  of 
V.)^.  r>ut  the  new  administration  would  not  swerve  from  the  modera- 
tion which  ha«l  marked  the  policy  of  the  country. 
1 1.")|  Meantime  both  parties  had  received  moreac(!urate  in*formation 
on  the  geography  of  that  district.  In  July,  LS41,  a,,,.  ,1,  n..  i-r 
Captain  Wilkes  had  made  a  survey  of  the  waters  s(mth  of  '  " 
4!)o,  especially  of  the  channel  of  llaro  ;  and  in  the,  early  part  of  ISt,")  his 
narrative  and  accompanying  map  had  been  published  both  in  America 
and  England.  Believing  now  that  Great  J3ritain  would  accept  the  line  ol 
4!) -,  with  the  small  moditication  for  the  southern  end  of  Vancouver  Island, 
the  American  administration,  on  the  12th  of  .lidy,  184.">,  made  to  the 
British  minister  at  Washington  the  proposal,  "that  the  Ore-  A,,,,,■l,^  x...  ^v 
gori  territory  shall  be  divided  between  the  two  countries  by  '  ■"' 
the  forty-ninth  parallel  of  north  latitude  from  the  IJocky  .Mountains  to 
the  Tacilic  Ocean ;  offering  at  the  same  time  to  make  free  to  Great  B? '  in 
any  i)ort  or  ports  on  Vancouver's  Island  south  of  this  parallel,  -which 
the  British  government  may  desire."'  A  friendly  spirit  dictate<l  the  prop- 
osition, which  it  was  sincerely  hoped  and  expected  might  "  prove  the 
foundation  of  lasting  peace  and  harmony  between  the  two  countries." 

The  proposition,  which  excited  surprise  by  its  moderation,  was    re 
Jected  by  the  British  plenipotentiary  at  Washington,  who,     AiM.,„,ii^  %,   ... 
without  even  waiting  to  refer  the  subject  to  the  ministry  in  '  '- 
Kngland,  suttered  the  negotiation  on  his  part  to  drop,  expressing  his 
trust  that  the  United  States  would  offer  "some further  pro- 
posal for  the  settlement  of  the  Oregon  (piestion.'' 

In  consequence  of  receiving  sucli  an  answer,  the  American  Secretary 
of  State  withdrew  the  otter  that  he  had  made. 

On  hearing  of  this  abrupt  rejection  of  the  American  proposal,  Lord 
Aberdeen  invited  JNIr.  Maclrane,  the  new  American  minister    a,,,,,,,,,,,,  s„  ,, 
at  London,  to  an  interview,  of  which  Mr,  INlacLane  made  '  " 
report : 

Lord  Aberdeen  not  only  lamented  bnt  censured  tlie  rejection  of  our  proposition  by 


\pi ii 

.  XJ.  xt. 


,]v//'^'"- 


/)///ff/Y/o/(/i'r//f///o//rs  .s 


Xoi) 

lor  I  .V 


r 


Ihnuuln"  suf/f/rslrdlnMr.  Shnr 

/i 


('( 


[L 


G. 

MAF  OF  W,  SI 

1845 


tfta 


G. 

P  OF  W^STimRGHS. 

1845 


10 


NORTHWEST    WATER    BOrNDARY    ARBITRATION. 


! 


Mr.  rakouliiun  without  rofi  rring  it  to  liia  povoninuMit.  Tie  stilted  that  if  Mr.  Pakenhnm 

had  coiinnunitated  the  Ameiieau  i)roitositioii  to  tiie  eoveniiiieut  here,  aH  ho  was  ex- 
pected to  have  done,  he.  Lord  Aberdeen,  wouhl  liave  taken  it  njt  asahawis  (»f  his 

[IG]  action,  and  entertained  little  donht  that  lie  would  hav«'  been  enabled  *  to  jiro- 
pose  iiioditicalions  which  uiiyht  have  resulted  in  an  adjustment  uiutnally  satis- 

(ixctoiy  to  both  jfoverniiients. 

The  coiidtu't  of  "Sir.  ri.koiiliaiu  was  not  ceii.snred  in  private  only.    Lord 

\p,»^,>a,x  N..  1.   Aberdeen  (ensured  it  in  the  Htm.se  of  Lords.     In  the  Jlonsi- 

''■•■''•»  of  Connnons.  on  the  nijjht  of  Friday,  the  2.'{d  of  January, 

1S4(»,  Lord  ,lohn  Kussell  condemned  it  as  ''a  hasty  i)roeeedin}i:."     Sir 

Kobert  Peel  was  cheered,  when  on  the  same  evening  he  observed : 

It  would  have  been  better  had  he  transinitted  that  proposal  to  the  home  <j;oveiii- 
nient  for  their  consideration  ;  and.  if  found  in  itself  nnsatisfactoiy.  it  niij>ht  possiljly 
iiave  formed  the  fonmlatioii  fur  a  fnitlier  luoposal. 

And  now  that  the  re-opening  of  the  negotiation  was  tlirown  upon  his 
ministry,  lie  was  loudly  applauded  by  the  House,  as  he  gave  a  pledge  for 
his  own  future  conduct  in  the.sc  wonls: 

I  think  it  Avould  be  the  "jreatest  misfortune,  if  a  contest  about  tiie  Orejion  between 
two  such  powers  as  Eiij;land  ami  the  I'nited  States,  could  not,  by  the  exercise  of  mod- 
eration and  f^ood  sense,  be  brought  to  a  perfectly  honoraVde  and  satisfactory  conclu- 
sion. 

FINAL  PROPOSAL  OF  THE  EARL  OF  ABERDEEN. 

Lord  Aberdeen  confes.sed  that  it  now  fell  to  him  to  ])ropose  a  i)eacefid 
solution  of  tiie  long  controver.sy.  ]Mr.  l-^verett  had  left  him  no  doubt 
as  to  the  utmost  dejiarture  from  the  parallel  of  forty-nine  degrees,  which 
the  LTnited  States,  under  the  late  administration,  eotdd  have  cont^eded. 
The  only  doubt  was  now.  if  the  Tnited  States  would  still  be  willing  to 
yield  so  much.    The  rude  n'Jection  of  Mr.  Uuchanan's  proposal  had 

Ai.pen.ii,  No.  :!.,.  rouscd  auil  united  their  jieojde.  Mr.  Calhoun,  the  late  Sec- 
'  '^^''  retary  of  State,  and  the  ablest  Senator  from  one  section  of 

the  country,  declared  himself  in  the  Senate  for  the  forty-ninth  degree  as 
the  boundary  line.  Mr.  Welister,  the  former  Secretary  of  State,  who 
had  settled  with  I.ord  Ashburton  the  northeastern  boundary,  re- 
[ITj  peatedly  ''said  as  jdainly  as  he  could  si>eak,  or  put  down  *  words 
in  writing,  that  Knglan<l  must  not  expect  anything  south  of  forty- 
nine  degrees."  All  those  UKMubers  of  Congress  wlio  were  t)f  a  dilferent 
,.  j„ ,  , .,,  mind,  Mr.  John  (^uincv  Adauis,  a  late  President  of  the  United 

'  *" '  "'-"'^'  States,  :\Ir.  Cass,  aftt'rward  Secretary  ol'  State,  Mr.  Sevier, 
then  the  chairman  jf  the  Committee  on  Foreign  Affairs,  contended,  not 
for  less  than  the  line  of  forty-nine  degrees,  but,  under  the  heirship  from 

Air^mii,  No.  *.  Spain,  for  very  much  nu>re.  The  voice  of  lOiiglaud  became 
''Appendix  N...  :a  \o\u\  for  the  line  of  the  forty-ninth  jiarallel.  Mr.  IJates,  an 
'  '"  American  naturalized  in  (In'at  Uritain  by  act  of  rarliament, 

and  much  trustetl  by  both  goveinments,  wrote  from  London  : 

The  forty-ninth  degree,  to  the  strait,  jiiviny  Vancouver's  Island  to  Great  Britain,  is 
as  much  as  any  Ameriian,  be  he  Bostouiaii  or  I'aroliiiian,  will,  I  think,  consent  to  )j;ive 
up.     If  (jrcat  Britain  is  not  satislicd  with  that,  ht  them  have  war  if  they  want  it. 

The  British  government  sought  anxiou.sly  to  know  what  proposition 
the  American  Crovernment  would  con.sont  to  receive,  and  the 
American  (rovernment  proved  its  lirmness  by  its  moderation. 
To  protect  the  rights  of  the  country.  Congress  voted  to  give  to  (Ireat 
Britain  the  twelve  months'  notice  reipiired  by  treaty,  for  terminatijig  the 
(convention  of  18li7,  and  thus  open  the  region  of  the  Northwest  to  the 
progress  of  American  colonization.  ^Feanwhile,  on  the  20th  of  Febru- 
Aii-,„ix  N..  :ir,  '^ly?  I'^^O,  Mr.  Buchanan  answered,  that  the  President  would 
consent  to  consult  the  Senate  on  the  proposition,  to  divide 


!•   :i.V  1.  11.  \>. 


r.\  1. 7  '.I,  ir. 


^ 


LTIOX. 

liaiifMr.  Piikonlmm 
lifie,  aH  he  was  ex- 
it iip  .'iHahaNis  oflHs 
I'U  ('iial)l(Ml  •  to  ino- 
it'iit  iiiiitiially  Nati.'s- 

vato  only.  Lord 
'•  In  the  1 1  on  St' 
-.'Ul  of  Jannar.v, 
rocoodinrr,"    ^[^, 

'  observed : 

tlic  lioine  ^jjovcrii- 

',   it  IlUj^llt    l)(),SSll,ly 

thrown  npon  his 
live  ji  pledae  lor 


ie  Oregon  bffwccii 
i<"  excreiso  of  n,,,,). 
iitisliR'tory  coiitiu- 

EN. 

pose  a  i)eacefnl 
t  liim  no  donbt 
tlej^rees,  whieh 
Jave  conceded. 
11  he  willinji-  to 
proposal  had 
N  the  late  ►Sec- 
one  section  of 
inth  degree  as 
of  State,  who 
bonndarv,  re- 
down  *  words 
K)nth  of  fort.v- 
of  a  dilferent 
t  of  the  United 
c,  Mr.  Sevier, 
onteiKled,  not 
lieirshipfroni 
rland  became 
Mr.  JJates,  an 

'  rarlianient, 
)n  : 

'^^•lt  Britain,  is 
cuuseiit  to  ^ivo 
ley  want  it. 

fc  proposition 
;eive,  and  the 
5  moderation, 
ive  to  (heat 
'"inatin<«-  the 
'•west  to  the 
th  of  Febrn- 
sident  wonkl 
Dii,  to  divide 


W  1 


f^*-' 


.^i 


■^/..v 


■f-J^T' 


I 


.'.I 


c:Jl 


.»■_■ 


.-'aC  , 


■tS 


't8 


'-c 


m- 


iri\ 


MEMORIAL    OF    THE    UNITED    STATES. 


11 


-^.■)0 


va 


K'4 


I 


I 


e  torritory  between  the  two  conntrios  "  by  the  forty-ninth  parallel  and 
10  straits  of  Fnca,"  so  that  "the  cape  of  Vancouver's  Island  would  be 


the  ter 

the  straits  of  Fuca,"  so  that  "the  cape  of  Vancouver's  Island  would  be 

surrendered  to  Great  Britain/'    This  was  exactly  the  proposition  of  Mr. 

Everett. 

On  the  ir)th  of  INIay,  184(5,  information  of  the  notice  for  terniinatinj? 
the  convention  of  LSUT  was  received  by  the  British  ministry  in 
London.  For  fonr  years  Lord  Aberdeen  had  been  striv-  A,.p..na,x  sn.  «, 
iug' to  close  thisipiestion  (if  boundary.     IJe  ha<l])iivately  and  i'^" '  "'  i"^^* 


[1S1 


publicly  censured  his  subordinate,  IVIr.  I'akenham,  at  Washinjiton, 
for  rejectinj*'  the  jjaralb't  of  i<»r.\v-nine.     ♦  IJe  had  taken  pains  to 
learn  what  deviation  from  that  parallel  the  United  States  mi<iht 
accept.    The  Secretary  of  State  for  the   United  States,  after  minute 
iii(|uiry  concerning  the  probable  vote  of  the  Senate,  had  promised  not 
at  once  to  reject  the  otter  of  the  line  proposed  by  Mr.  Everett,  and  not 
to  listen  to  any  demand  for  a  larger  concession.     This  had  been  formally 
communicated  to  the  British  (lovernment  by  Mr.  Macliane,  the  American 
minister  at  London.     And  now,  within  two  davs  alter  receiv- 
ing  news  of  the  termination  of  the  convention  of  JSi'T,  Loru 
Aberdeen  held  a  lengthened  confcience  with  ^Ir.  MacLane,  in  which  the 
nature  of  the  proposition  he  contemplated  sulnnitting  for  an  amicable 
settlement  of  the  Oregon  (iiiestion  •'formed  the  subject  of  a 
full  and  free  conversation.'''     Mr.  MacLane  was  a  calm  and 
e.\i)ericnced  statesman,  trained  in  brsiness.  exact  in  his  u.se  of  words, 
careful  especially  in  reporting  what  was  said  by  others.     Lord  Aberdeen 
in  the  House  of  Lords  publicly  expressed  his  esteem  for  him,     x,,,,,,,,,].,  s...  *:,. 
founded  on  an  acquaintance  whicii  dated  from  tifteen  or  six-  '  ''-i  *" '•• 
teen  years  before. 

With  this  knowledge  of  ]\ri'.  MacLane's  character,  and  of  the  conti- 
dence  reposed  in   him  by  Lord  Abenleen,  I  re(piest  the   imperial  arbi- 
trator to  take  in  hand  the  map  of  the  Oregon  territory  by 
^Vilkes,  which  had  been  ])ublished  in  England  as  well  as  in  *'""'' 

America  in  LS4."),  and  which  was  the  latest,  most  authentic,  and  best  map 
of  the  Territory,  as  well  as  the  only  one  recognized  by  the     ap,.,.,,,!,,  x...  4i. 
Amerii'au  Senate;  and  with  this   map  in  hand  to  read  the  i' "■ '"  " 
loUowing  extract  from  ^Ir.  MacLane's  otticial  rex>ort  of  the  interview, 
made  on  the  18th  of  x\Liy,  1840  : 

I  liiivt"  now  to  stiito  that  iiistnu'tioiis  will  Ik!  traiisiiiitft'd  to  Mr.  rakfiiliani  by  the 
stfaiiicr  of  t()-iiiorni\v  to  siihiiiit  a  new  and  CiirlhtT  itroposition  on  tho       Ai.i..-nii.\  s,<.',  ti. 
part  of  thi.s  (iovciiuncnt  for  a  )i:uti)ioii  of  tlic  tcnitory  in  (lisiinte.  i.  4-,  i.  a-ii. 

Tlic  ]lld]to^iIioll,  most  i)i()l(alily,  will  oiler  fsnlistantially  : 

I'ii.si.   I'd  (liviikr  tlif  tfiiitoiy  liy  the  cxtt'ii.sion  of  the  linti  on   the  jiarjillel  of 
[I'.iJ    forty-nine  to  the  sea  ;  that    is  to  say,  *to  the  arm  of  the  sea  called  ISiieh's  15ay, 

thence  hy  the  canal  lie  Airo  and  .straits   of  l'in.a  to  the  ocean. 

•  »»»»»« 

Here  follow  other  dau.ses  conceding  to  the  ITud.son  Bay  Comi)any  a 
temporary  use  of  the  Oregon  Biver  for  navigation,  with 
otlu'r  advantages,  and  protection  to  British  subjects  who 
would  suddenly  come  under  the  jurisdiction  of  the  United  States.  To 
these  clauses  the  phrase  "  most  ])robably  "  applies,  for  they  were  not 
luecisely  a.scertained  ;  Imt  not  to  the  boundary;  on  that  point  the  fur- 
ther statement  of  Mr.  MacLane  in  the  same  dispatch  leaves  no  room  for 
a  doubt.     Jlis  words  are: 

Dnrinj;  the  precedinjx  administration  of  onr  Govcriimeiit,  the  extension  of  the  line 
ron  the  fcrty-nintli  jiarallel   to  the  straits  of  Fnca,  as  now  proiyo.sed  by  j,  ^^  ^  _^^_^^ 

|Lor<l   \berdeen,  wasactnally  sn^jrested   by  my  immediate  predecessor, 
^(Mr.  Everett,)  as  one  lie  tliouj>;ht  his  Government  mij^ht  accept, 

Now  what  the  proposal  of  Mr.  Everett  had  been,  we  know  from  the 


131 


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MAP  OF  W 
184i 


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184.> 


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12 


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NOKTllWlvSr    WATKR    nOlXDAUV    ARMITRATION. 


Ifl 


,  4!'. 


U.  1.^ 


citiitioiis  wliicli  I  liiivc  timdo  IVom  his  disitiitclu's;  and  I  hii\o  alioad.\ 
ii'feiTcd  to  the  lact  tliat  ln'  had  drawn  tho  liiu;  of  doniarkatioii  upon  tht 
niaj),  .uid  si»(Tially  dirccti'd  the  attviitioii  of  Lonl  AbonUnMi  to  it. 

On  the  sanu'  day  Lord  AhcrdtM'n  sont  the  treaty  wliich  :Mr.  Pakonhiini 
,    ,,  was  to  invite  Mr.  Ilnchanan  to  si;.>n.     In  the  aceoinpanyin- 
instruction   to  .Mr.   I'akenliain  he  accepted  the    '  .irallel  oi 
^  „     111-  as  the  radical  jtrinciple  of  the  boundary.  "  .,.  described 
tlie  line  as  aline  of  deinarkation  "leaving;-    the  whole  of 
"  ■    Vanconver  Island  with  its  ports  and  harbors  in  the  posses 
sion  of  (Ireat  iWitain." 

A  snspicion  of  anibi-iiiity  could  not  hirk  in  the  mind  of  any  one.  Mr. 
IJenton  found  the  lanjiiia^e  so  clear  that  he  a<lopted  it  as  his  own. 
In  his  s[»eech  in  the  Senate  on  the  day  of  the  ratiticatiou  of  the  treaty, 
he  said : 

The  lirst  lUt it'll'  uf  tlic  ticiit.v  is  in  tlic  very  words  wliicli  1  myself  would  linvi 
[•,>UJ    used,    if  tiie   two  K"^  •''i'""'"''*    •""'   ''''■'•    'i    f'*  ""'  f"   •I'"""'  the 

boiiixliny  line  between  them.     "     '     *     The  line  established  by  .,\J;|;"'''^  ^■■-   " 
the  first  :iitiel<'  (bllows  the  iianillel  of  -IK    to  tln'  sea,  with  a  sli^fht  d»)- ' 
ilettion.  tliroiiy;li  the  Stiaits  of  I'lU'a,  to  avoid  enttin^-  olf  the  sontli  end  of  VaneouverV 
Island.  '      ■*      When  the  line  reaches  tin'  channel  which  separates  VaneonverV 

Island  iVom  the  continent,  it  ]Hi)cecds  to  the  middle  of  the  channel,  and  thence,  tnrn 
inj;  sontli.  tIioiij;h  the  chan,.il  de  Ham.  ( \vronu;iy  written  Arro  on   the  imips,)  to  tin 
Straits  lit'  1'm(  a.  and   then  west,  thionuh    the    middle  of  that    strait,  to   the  sea.     'J"hi> 
uives  n.i      "  *     the  clnstnol'  ishnnls  between  de   Haro's  t'haniie!  and  the  couti- 

i.ent. 

Tlie  lanjLiuajfe  of  the  treaty  seemed  perfectly  clear  to  the  Senate,  to 
the  rresidcnt.  to  his  Secretary  of  State,  and  to  every  one  of  his  const i 
tnrii»nal  advisers,  as  departinii'  fi'om  the  line  of  tiie  parallel  of  'IM'^  oidy 
so  t'ai'  as  to  yield  the  southern  extremity  of  Vanconviu's  Islantl,  ami  no 
more.  And  so  it  was  sjo-ncd  on  the  l")th  ot  Mnne,  1S40,  and  returned  to 
lOniiland  for  the  exchanj^c  of  ratitications. 

In  the  House  of  Conimons  Lord  Pabnerston  weleonjed  it  as  honorable 

v,i ,  ,s,,,  .   to  both  countries;  Sir  Robert  Peel  <pu)ted  from  a  dispatch 

'^  '  "  "  which  proved  that  he  was  aware  of  the  three  days' debate  m 

the  .Vmerican  Senate  on  the  treaty  l)efore  its  api)roval.     lie  cited  every 

word  of  the  artii'le  on  the  boundary,  and  interpreted  it  thus: 

Those  who  remember  the  local  conformation  «l'  that  country  will  understand   that 
that  which  we  iiroi)osed  is  the  coutiunation  of  the  fortv-uinth  i)iirallcl 

1       .III     I      'il     'V^  ' 

of  latitude  till  it  strikes  the  Straits  of  Fuca;  that  that  parallel  .should 
not  be  continued  as  n  boundary  across  \'aucouver"s  Island,  thus  deiuivin^  us  of  a  part 
of  \  ancouvei"s  tsl.iiid.  but  that  the  middle  of  the  chauuel  shall  bi;  the  fiUure  hop  idaiy, 
thus  leax  lut^  us  in  possrssmn  of  the  uliol"  of  \'anc(Hiver's  Islaml,  with  e(|ual  rijjht  to 
the  navi;;atio!i  ot'tlic  straits. 

f-.'l]      *.Mi^    JUCIIA.XAN    .\M>    sli;    K'oHKliT    I'KKI.    ISKMKVKD    TIIi:V    11A1> 
(i.O.SEI)  KVKHV  CAi:sl';  <)]•  DiSSK.NSlON. 

Jt  had  bet'u  the  special  (►bjeet  of  ]Mr.  IJuchanan   to  lea\'e  nothin<>'  in 

vi,|»mi.>  N..  4..   the  treaty  which  cordd  o-ive  occasion  to  future  controversy. 

;  .4  1 2'.  I's.         ^^,,^  ^jjj  j]|,.  ,,j„i,{^  before  Sir  Kobert  IN'el  retired  from  otlic*'. 

never  a<;ain  to  resume  it,  he  spok»>  of  the  treaty  as  h.ivin<;'  averted  the 

<lr«Mdful  calamity  of  a  war  between  two  mitions  of  kindred  orij^in  and 

(.'ommon  lan;,iuaji;e,  and  haviii;^  at  len<jth  '-dosed  every  cause  of  dis.sen 

.-,4. 1  u  !.,         '"^'o"  between  the  two  countries.''     All  ( Jreat  Jiritain,  ;dl  tlie 

'"'  '  United  States,  were  jiladdened  by  the  belief  that  at  last 

«    f'ly  <'ontroversy  between  the  two  initions  had  come  to  a  iiai)py  cud. 

THE  MINISTKV  OF  l.OHI)  .lOHX  Kl'SSKLL  RENEWS  DISSENSION. 

Ami  yet  it  was  not  so.  My  country  lias  had  no  serious  dilticulties  on 
its  limits  with  any  power  but  Great  Uritain.     AVlien  it.s  boundary  on  the 


sol 
til 
Ixf 

it.] 

sej 

sil 

I'i 

la 

of 

coj 

tb 

St  I 


'T* 


lia\e  iiliviul\ 
tioii  upon  tin 
Ml  to  it. 
Ir.  Pakt'uliaiii 
it'(!oin|)}Mi.yiii- 
M'  '  .irallol  <ti 
.»  <U'.s(Til)('(l 
the  whole  ot 
n  the  posses 

my  one.  ]Mi. 
;  as  his  own. 
)t'  the  treaty. 

lelf  would  liavi 

D 

If     Al'p.'Ji.liv    No.     41 

'  :i.  .1'). 

of  Viiiu'oiivcr's 
:<'s  A'aiK'oiiv*'!'.- 
tl  tlifiict',  turn 
!  iiiap.s,)  to  tli< 
th.'  s.-a.     'J'liis 
and  the  eoiiti- 

le  Senate,  to 
)!"  his  consti 
i  of  VJo  only 
land,  and  no 

I  returned  to 

IS  lionorable 

II  ii  dispatch 
ys' debate  in 

cited  every 

dcrstaiid  that 
niiitli  parallfl 
arallcl  mIiouM 
a  us  of  a  part 
lire  lioiv ida: y. 
"lual  lijjbt  to 


TIIKV    HAD 

nothino-  in 
ontroversy. 
from  ollice. 
\erted  tlic 
orij^in  and 
'  of  dissen 
ain,  all  tin- 
lat  at  last 
ppy  eud. 

iiculties  on 
lary  on  tiie 


MEMORIAL    OF    TlIK    irNITED    .STATEH. 


13 


south  with  Spain  was  adjusted  by  treaty,  not  a  dilterei\:e  arose,  thoiioli 
the  line  extended  from  sea  to  sea.  When,  afterward,  the  soutluu'ii 
bouiuhiry  was  rej;ulated  with  Mexi(M)  under  a  treaty  most  imperfect  in 
its  descriptions,  commissioners  unrestrained  by  instructions  promptly 
settled  the  line.  It  is  with  (ireat  Ibitain  alone  that  ot)stip.;ite  dissen- 
sions on  boundaries,  e.\t<'ndin<;' from  the  (lulf  of  S;iint  liawicnce  to  the 
I'acitic,  have  exercised  disturbino-  intluences  for  sixty  four  years.  At 
last  we  thou,i;ht  ourselv«'s  assured  of  (piiet  on  that  side  also  by  the  treaty 
of  bSKI:  and  though  its  terms  were  not  alto;it'tlier  satisfacloiy,  the 
country,  in  the  exju'ctation  of  r*'st,  accepted  cheerfully  and  unanimously 
tlu'  action  of  its  (lovernment.  Yet.  aft«'r  a  pause  of  hardly  two  years,  the 
Strite  was  re-opeued  by  the  miuistrv  which  succeeded  that  of  Sir  Robert 

Peel.  Under  instructions  from  Lord  Palmerston,  the  IJritish  min- 
ri'i'j      ister  at  Washinytou  on  the  *l.)th  of  danuaiy,  IStS,  in  a  proposed 

draught  of  instriuitions  to  commissioners  for  settling'  the  boundary, 
indirectly  insinuated  a  claim  that  tiie  line  of  boundary  should  be  drawn 
on  the  clianncl  throuj^h  which  N'ancouver  in  IIU'2  had  sailed  friuu  Admi- 
ralty Inlet  to  lMr<;h"s  l>ay. 

This  insinuation  took  the  American  (lovernment  by  surprise.     The 
history  of  the  m'j;otiatiou  shows  that    no  such  line  was  su^yested  by 
either"  side  to  the  other.     Vancouver  was  an  ex[»lorer,  who  examined 
e\ery  inlet  and  bay  and  passage,  not  a  merchant  seekin<i'  the  shortest, 
most  natural,  and  best  passaj^e.     Nothiiiji'  justities  a  refereiicr  to  his 
course  of  sailin;n'  from  one  interior  bay  to  another,  as  the  liiK  <)f  the 
treaty.     The  suof;estion  is  in  open  couliict  with  the  law  of    a,,  >.ux. i.  m,  ;, 
luitions.      The  draught   of  the  treaty  was  made  entirely,  '.Vi  "mir. 
even  to  the  minutest  word,  by  the  IJritish  ministry,  and  was  ''  "  '  '■'-"'■ 
signed  by  both  parties  without  change.     The  IJritish  government  can- 
not, therefore,  take  advantage  of  an  ambiguity  of  their  own,  otherwise 
the  draught  of  the  treaty  would  have  been  {;  snare.     Such 
is  the  principle  of  natural  right,  such  the  established  law  of  i..i!'i-7j.!"".^. iii.'!.''i> 
nations.     Jingo  (Irotius  lays  down  the  rule  that  th<>  inter-  ""' 
]>retatiou  must  be  made  against  the  i)arty  which  draughted  the  con- 
ditions: "  Ut  contra  euni  tiat  interpretatio,  qui  conditiones     v.ti.i  i^  w.  >, 
elocutns  est."     Uut  no  one  has  expressed  this  more  clearly  -"^• 
than  \'attel,  who  v.rites: 

VoU'i  line  ir^ilo  (lui  coupe  eoui't  a  tonic  cliicanc  :  Si  ccliii  i|iii  ])onvoit  ct  dc\  oit  js"e\- 
pliciucr  ncttcnii^nt  ct  plcincinciit,  iii-  I'a  pas  I'ait,  tanl  pis  pour  Ini :  il  nc  pent  ctic  rcrii 
a  a)iporici'  siil)sri|ncniniciir,  dcs  restrictions  ([ii'il  n'a  pas  e\i>riiiit'es.  C'est  la  niaxinie 
ilii  droit  roniain  :  pactioneni  ohscnrain  lis  nocere,  in  (inoniin  t'liit  potestate  lei;fiii  apcr- 
tius  conscriitere.     l/c(|nite  de  cette  rcj;le  sa-iite  anx  yeiix;  sa  iK'ccssitc  ii'est  ]tas  nioins 

t'vidcntc.     NuUe  convention  assnrce,  iinlle  concession  I'eriiie  el  solide,  si  on  pent 
[".':')]     les  reiidre  *\  aines  [)ar  des  liniitations  siilisi'ipieiites,  ([iii  devoient  et"'c  enoncces 

dans  Tacte,  si  elles  ('■toieiit  dans  la  voloiite  dcs  coiitractans. 
'lien!  is  il  rule  which  cuts  short  all  thicaiiery  :  If  he  who  could  and  should  ex- 
ptcss  hiinstdl'  ]>lainly  and  I'nlly,  has  not  done  so,  so  much  the  worse  for  him  ;  he  can- 
Miit  he  iiermittei'  snhse(|nently  to  introduce  restrictions  which  he  has  not  expressed, 
li  is  th((  maxim  of  h'oman  law:  An  ohscnre  contract  harms  tliose  in  whose  ])ower  it 
■>\as  to  lay  down  tlm  law  more  (dearly.  The  e<|uity  (d'  this  rule  is  self-evident  :  its 
licctssity  is  not  less  olivioiis.  There  can  \h'  no  assured  convent i<Mi,  no  tivm  and  sidid 
concession,  if  they  can  he  rendered  vain  hy  Kuhse<iuent  limitations,  which  oiii;ht  to 
have  heeii  announced  in  the  act,  if  they  existed  in  the  intention  of  the  contracting' 
parties.'' 

rid'.A  I'Oli  THE  IXTE(iKITV  OF  SIR  KOIH'.UT  I'llEL'S  MI.MSTRV. 

And  can  it  be  true,  that  Sir  Robert  Peel  and  Lord  Aberdeen  were 
insincere  in  tlu'ir  [)rofessions  of  an  earnest  desire  to  settle  the  boundary 
<|uestion  in  Niuthwest  America  ?  Did  they  put  into  the  core  of  the 
treaty  which  they  themselves  fnuiied,  words  interpreted  in  one  way  by 


14 


NORTHWEST    WATER    BOrNOARY    ARHITRATION. 


V.ltti 

■i  211:1. 


II.  ir. 


all  An  ericans  and  by  thoinsolvos  in  public,  ami  soc^ivtly  int(>ri)reto(l  bv 
thorns  >lv('s  in  another  ?  When  Sir  Jtobeit  IVel,  on  the  last  ni^ht  of  his 
otlicial  life,  in  the  face  of  political  enemies  and  friends,  cast  up  the  ac 
count  of  his  niiinstry  for  thejudj^nient  of  posterity,  and  declared,  in  tin; 
most  i)ublic  aiul  solemn  manner,  that  he  "had  closed  every 
,.*ri'':«V.!''  '"  cause  of  dissension  between  (Ireat  IJritain  and  the  Unite<l 
'"  "'  '  '  '  States,"  had  he  indeed  planted  the  seed  of  end)ittered  dis 

cord  in   the  instrument  that  he  and  his  associate  minister  claimed  as 
their  own  work,  and  extolled  as  a  convention  of  peace  1 

3Iy  respect  for  tSii-  Uobert  Peel  and  his  administration  forbids 
[24]  the  thoujjht  that  tliey  i>ut  any  ambiguity  into  the  treaty  *whicli 
they  themselves  drau}»htcd.  There  attaches  to  human  lanj^uagc 
such  imperfection  that  an  acute  caviller  may  dispute  about  the  meanin;; 
of  any  i)roposition.  Uut  the  words  of  the  present  treaty  are  so  singu 
larly  clear  that  they  may  claim  protection  under  the  first  general  maxim 
of  international  law  on  the  subjec'  of  interpretation  : 
"  Qu'il  n'est  pas  permis  dMnterpn'-ter  ce  qui  n'a  pas  besoiii 
d'iuterprt'tation." 

THE  WORDS  <»F  THE  TREATV. 

The  words  of  the  treaty  are  as  follows : 

From  the  point,  on  tho  forty-uintli  jtarnlh-l  of  north  hititmlt',  \vh«'ie  tlio  houiitlar\ 
laid  down  in  (xi.'^tinjjf  treaties  and  <  (iiwcntions  hctwoen  tho  Unitoi. 
,,  *i'i"'"in  N'l.  1  p.  .States  and  (Jrcat  I?iitain  torniinates,  the  lino  of  honnilaiy  hotwctui  tin 
tcriitorits  ot"  the  I'nited  States  and  those  of  Her  Ihitannic  Majesty 
shall  ho  oontiinied  westward  aloiii;  the  said  forty-ninth  jtarallol  of  north  latitiulo,  ti> 
tho  middle  of  tho  channel  whieli  .sejtaratos  the  continent  i'roni  Vanconver  Island,  and 
thoiue  sontherly  throiijih  the  niiihlle  of  tin'  said  channel,  and  of  Fnca's  Straits,  to  the 
racitic  ( >eeaii  :  I'mvUhii,  howircr.  That  the  navi;fatioii  of  the  whole  of  the  said  channel 
and  straits  south  of  the  forty-ninlh  jiarallel  of  north  latitude  remain  freti  and  open  to 
both  parties. 

THE  WORDS  OF  THE  TREATY,  TAKEN  TOGETHER. 

The  language  of  the  treaty,  taken  as  a  whole,  admits  no  interpretation 
but  the  American.  The  radical  principle  of  the  boundary  is  the  forty 
ninth  parallel  of  north  latitude,  and  the  only  reason  for  departing  from 
that  parallel  was  to  yield  the  whole  of  Vancouver  Island,  and  no  more, 
to  the  power  which  would  already  i)os.sess  the  gn-ater  part  of  that  island. 
To  express  this  line  com'isj'ly,  iu  both  countries  it  was  described  as  the 

line  of  the  ''forty -ninth  parallel  an<l  Fuca's  Straits.*'  Tnis  short 
[2.')]      form  of  expression  occurs  many  tinu'S  in  the  dispatches  *of  Mr. 

^[acLane;  in  the  instructions  of  Mr.  lluchanau ;  in  the  letters  ol 
^Mr.  Bates  from  London ;  in  an  article  in  the  Lomlon  (Quarterly  Review, 
^vritten  in  rebruary,  1S4(),  and  published  in  March;  and,  finally,  iu  thf 
speech  of  Sir  Kobert  Teel,  on  the  L'!)th  of  June,  IStd,  which  1  have 
already  quoted.  The  dese.iption  of  the  line  as  that  "of  the  forty  ninth 
l)arallel  and  Fuca's  Straits''  was  not  only  the  usage  of  the  day;  it  was 
also  well  chosen  tor  all  time.  The  forty-ninth  parallel  can  be  found  as 
long  as  the  sun  shall  continue  in  the  heavens;  Fnca's  Straits  end  at  the 
southeast  ca[>e  of  VaiK'ouver  Island,  and  will  end  there  till  nature  shall 
heave  with  a  convulsion.  If  the  mime  of  llaro  does  not  specially  appear 
in  the  treaty,  let  it  be  borne  in  mind  that  neither  does  the  name  of  the 
Cirulf  of  Georgia. 

THE  CHANNEL. 

The  words  of  the  descrii)lion,  considered  collectively,  establish  tin- 
American  interpretation  of  the  treaty  and  exclude  every  other.  The 
same  result  follows  froni  the  consideration  of  each  separate  word.    When 


f 


M'pretod  h\ 
iif?ht  of  his 
:  up  the  ac 

illHMl,  in  th(( 

losed  even 
the  United 
littered  difs 
chiimed  as 

ion  forbids 
aty  *  which 
u  language 
lie  nieaniiijLi 
e  so  singu 
L'ral  maxim 
rpretation  : 
pas  besoiii 


ho  l»ouii(lar.\ 
1  tlio  IJnitoi. 
'  bctwctui  tllr 
niiic  Majt'stv 
h  liititiide,  tti 
r  Isliind,  aiitl 
straits,  to  tlif 
said  chaiini'l 
J  ami  open  to 


['rpretatioii 
<  the  forty 
irting  from 
d  no  more, 
[hat  island, 
ibed  as  the 
In  IS  short 
les  *of  Mv. 
e  letters  ol 
iy  Review, 
illy,  in  the 
(;h  1  have 
forty  ninth 
ay ;  it  was 
)e  foun<l  as 
end  at  the 
ature  shall 
illy  api)ear 
ame  of  the 


tablisli  the 
ther.  The 
ird.    When 


-r^^^rSTr' 


HMHi 


•  »0 


49 


taker 


I 


i 


V 


49 


tlier 


o() 


'.<•■.■;•  Vi 


t>;\5«t^^ 


*^f»\  '  U  .^  ••**.      •   ■       iV;""    •UfciJr      'Br-  ,' 


•^.■^ 


•■^  '? "^I*   t»>TllpU« 


•  ''^ 


^<f  J^ 


c. 

MAP  OF  VANC 

171)fi 


r.M" 


•<«^-J 


i 


i*>; 


^:.;-fr  v^:r^.>«;;.-.;i;a• 
f;:••^.•Jc/■    ;^'i:^u••.:••'^■^«.• 


C» 


.. 49 


r*^-. 


>. 


~:^/f>:; 


-T    /' 


^^^-^ 


^'  ■  '-'        iWJaker 


'u8ut>sarafrS4>inid  1^ 


"(vT* 


.  .«  r 


:-,A 


-•' ;JP. 


V'-^J 


-*•^■•'■^^^^■•k:'■:-.■'^■ 


.-;;*v.;;.i» ,-;  ," 


ii.'i" 


B-*-" 


OF  VANCOUVER 

17  9B 


1^ 


r     <;,rr:»   • 


MEMORIAL    OV    THE    I'XITEI*    STATES. 


15 


J 


tlu'  treaty  si)oaka  of  the  "dumiiol,"  for  that  ])ait  south  and  west  of 
IWrch's  Hay,  it  must  lueati  the  channel  of  Haro,  for  no  other  '^channel'' 
was  known  to  the  negotiators.  Tlie  channel  of  llaro  was  on  the  map 
of  Vancouver,  the  liighest  English  authority,  and  on  the  j,,„, 

map  of  Wilkes,  the  highest  American  authority  at  the  time  *'"''^ 

when  the  treaty  was  signed ;  and  no  other  channel  is  namcvl  on  either 
of  these  maps,  or  on  any  map  used  by  the  negotiators.     On 
the  chart  of  those  waters  by  Dutlot  de  Mofias,  pul)lished  in  ^''"'' 

1844,  umler  the  auspices  of  Louis  lMiilii)pe  and  the  Freiudi  ministry,  the 
channel  of  Ilaro  is  naim'd,  and  no  other.  In  the  collection  of  maps  in 
the  Ivoyal  Library  at  Ilerlin,  not  a  single  (lerman  or  other  map,  anterior 
to  -lune,  1840,  mimes  any  other  channel  than  that  of  llaro.  How  is  it  pos- 
sible, theti,  that  any  other  channel  could  have  been  intemled,  when 
[2(JJ  no  other  was  named  on  any  map  which  it  can  be  ]»retended  *was 
known  to  Lord  Aberdeen  or  .^Ir.  ^LicLane,  to  Mr.  lUuhanau  or 
-Mr.  Takenham  * 

Again,  the  word  "channel,"  when  employed  in  tre.ities,  jneans  a 
deep  an<l  navigable  channel;  and  where  there  are  two  navigable  chan- 
nels, by  the  rule  of  international  law,  preference  is  to  be  given  to  the 
largest  column  of  water.  Now,  compared  with  any  other  channel 
through  which  a  ship  could  pass  from  the  sea  at  tlie  forty-ninth  paral- 
lel to  the  Straits  of  Fuca,  the  channel  of  Haro  is  the  broadest  and  the 
deepest,  the  shortest  and  the  best.  Its  maximum  width  is  six  and  a 
half  English  miles,  and  there  is  no  other  channel  of  which 
the  maximum  widtli  exc'ced.-.  four  miles.  The  narrowest 
l)art  of  the  channel  of  llaro  is  abojit  two  and  a  (piarter  English  miles, 
and  there  is  no  other  channel  of  which  the  minimum  width  exceeds 
about  one  and  a  (piarter  I^nglish  miles.  With  regard  to  dv'ptli,  the  con- 
trast is  still  more  striking.  A  cross-section  on  the  parallel  of  48^  4.j' 
shows  the  Canal  (h^  llaro  to  be  there  about  a  hundred  and  twenty  fath- 
oms dee|),  about  twice  as  deep  as  any  other:  on  ihv  parallel  of  fS"  35' 
the  Canal  de  llaro  is  nearly  a  hundred  ;!nd  tifty  fathoms  deep,  against 
thirty  tathoms  tor  any  competitor;  on  the  parallel  of  4S-  l'.">'  the  Cauai 
de  Hiirci  has  n^-arly  a  hundred  and  ten  lat horns,  while  no  other  passage 
has  more  than  forty. 

Not  only  is  the  volunw  of  water  in  the  Canal  de  llaro  vastly  greater 
tlian  that  in  any  otlu'r  passage — a  single  glance  at  any  map*  shows  that 
it  is  the  shortest  and  most  diiect  way  between  the  parallel 
of  l".t  and  Fuca's  Straits.  Dutiot  d(>MoiVas  describes  it  as 
notoriously  the  best. 

If  the  channel  of  ilaro   exf-elled  all  others  only  on  one  point — if  it 
were  the  widest  though  not  the  deepest,  or  the  reverse,  tu',  if  b«'iug  the 


■*IiI   H, 


K|.|.-iili\    N. 


widest  and  deepest,  it  were  not  the  shortest  and  best,  there  might  be 
souM'  degree  of  color  for  cavil;  but  since  the  chaniu'l  of  llaio  is  the 
bidadesi  and  the  deepest,  and  the  shoitest  and  the  best,  iiow  can  iuiy 
one  \eutiire  to  i>retend  that  any  other  is  ••  the  channer'  of  the  treaty  .' 

I-;*)     "•Tin;    C'11ANNEI>  WHICH    si:i'Al>'AiT.S    llll';  (.ONTlNilNr  IK'oM  VAN- 

COlAKlv'  ISLAND." 

The  next  words  of  tlu'  treaty  are:  "The  <'hanncl  winch  separates  the 
♦'ontinent  from  Vancouver  Island,"  and  this,  from  latitmle  about  48- 
W,  can  be  no  other  than  the  Canal  de  llaro.  it  is  t!ie  only  one  which 
fronr  that  latitude  to  'M^'iu-a's  Straits"  se])arates  tin'  continent  from 
\  aneouver  island.  There  are  othei-  passages  which  divide  islamls  from 
islands,  but  none  other  separates  the  continent  f .om  Vain-ouver  Islaml. 


.■.2" 


3'  i 


»(1'» 


in« 


Hi" 


i 


'//rf<yr ,  /rs  (hf/((,jt^% 


'^c£S:v^w"'' 


s 


I  '        i./i  ^(<  ' 

/.</,■  Do/ /^ 

Ml  ft, 


('.S'.'  RtXjni  on  /Jtsrf//^ 


1H44 


ifita 


^ 


■  Y 2  '^^*^*^=^     ill''    /   ■ 


}W/t=^ 


^^^ 


Mi" 


;-^i?- 


J^^ 


y'/zf/^^'i'^^ 


1-7" 


(\  .V."  /V//^r  OH  /''fffY/yj,,/^^  /^ 


IC) 


NORTHWKST    WATER    BOUNDARY    ARBITRATION. 


Til  tho  vstiitomeiit  tho  contiiM'iit  is  i^roporly  ikimumI  first,  because  it  is  fai 
iiway  in  tlie  interior  of  the  eontiiieiit  tiiat  tlie  liiu^  begins,  iiinl  it  is  thr 
continent  tbat  tlir  line  leaves  in  ^oin;^  towanl  ^'ancou^er.  Uiit  when 
a  great  continent  bl<,'  North  America  is  spolvcn  of  as  (listinf;iiishe»l 
from  a  large  island  lying  near  it,  the  intervening  cluster  of  smaller 
islands  would,  aciording  to  all  geographical  usage,  be  taken  as  included 
with  the  continent,  and  thus  the  channel  of  Ifaro  divides  the  continent 
from  Nancouver.  J>ut  we  will  not  waste  words.  Nobody  can  dispute 
that  the  ranal  de  llaio  washes  tiu'  east"rn  shore  of  \'ancou\er  Island, 
and  separates  that  island  from  tho  continent. 

"AND  TH1:NCE  .SOLTHF.IM.V.' 


The  next  words  in  the  treaty  are:  ''And  thence  southerly."  The 
soutlierly  detlection  frinn  the  forty-ninth  i)aralh'l  is  nnide  to  avoid  cut- 
ting' S'ancouver  Jslan<l,  and  must  he  limitetl  to  tiiat  object.  The  nu)ve- 
ment  of  the  boundary  lim^  is  steadily  west  to  the  Pacific.  The  treaty 
knows  only  two  points  of  compass:  ••westward"  ami  this  "southerly"' 
deviation  from  the  due  west  course.  The  southern  defiection,  there- 
fore, must  always  be  a/  (tnipanied  with  the  idea  of  a  western  direction: 
and  of  two  channels  go  a  ••southerly"  direction,  that  whi'jh  least 

interrupts  the  general  "  v,  ird  "  direction  of  the  line  must  be  chosen 

as  the  channel  of  the  treaty. 


[2^]     '"THROllill  Tin;  MIDDi.i;  <tl-^  Til!:  SAID   (MIANNKL   AND   OF  IT'C'A'S 

.STRAITS   iO   IIIK  PACIFIC  OCEAN."'  ' 

The  next  words  of  the  treaty  are:  "Through  the  middle  of  the  said 
cliannel  and  of  Fnca's  Straits  to  the  Pacific  Ocean."  The  treaty  <;ontem- 
])lates  a  continuous  channel  to  the  Pacific  ;  the  channel  of  llaro  and 
Fuca's  Straits  forni  snch  a  continuous  ehiiniu'l,  and  a  glance  at  the  ma[> 
will  show  that  no  otiier  channel  (ran  pretend  to  do  so. 

So,  then,  the  description  of  the  treaty  as  a  whole  applies  to  no  channel 
but  that  of  llaro:  and  ev<'ry  single  jdirasc,  taken  sepaiately,  points  also 
to  that  channel,  and  to  that  channel  alone. 

"TlfE  STIL^iVS  OF  nOSAIJIO." 

And  yet  the  Ib'itish  government  ask  the  Imiierial  arbitrator  to  find  the 
channel  of  the  treaty  in  a  [)assage  tor  which,  in  rianuary,  ISIS,  they  had 
no  name  and  no  other  description  than  ••  the  wide  channel  to  the  east 
of  nunierous  islands,  which  is  laid  down  by  \'aiicouver,"  and  which  now, 
in  1S71,  they  call  by  the  name  of  "the  IJosario  Straits.'' 

^ly  first  recpiest  is  that  the  Imperial  arhitrator  will  ascertain  where 

on  the  I.")th  of  , I  tine,  IStlJ,  the  day  when  the  treaty  was  signed,  the  ne 

gotiators  supposed  Ksisario  Straits  to  lie.  On  that  (lay  the  name  "Straits 

of  liOsari(»"  was,  on  cn cry  map  used  by  the  negotiators,  i)laced  upon  the 

waters  whi(;h  divide  the  island  of  Texada  from  the  contiiu'ut,  far  north 

^1  ^  of  t  e  parallel  of  •t'.)'^.     There  it  lies  fast  anchored  on  the 

map  of  \'ancouver,  ])nblislied  in  171>S;  it  holds  the  same 

place  in  the  atlas  of  the  l*'reneh  translation  of  Vancouver.     There,  too. 

„„, p  it  is  found  o!i  tlu^   French  map  of  Dullot  de  Mofras,  jndi 

^' '  *■  lished  in  ISIl;  atid  als»>  on  the  map  of  Wilkes,  publishctl 

in  184.i;  and  thei'c,  too,  on  t!ie  Ibitish  map  of  N'aiu'ouver  Island,  puh- 

lished   by   the  g(V)^rapiu'r  to  the  CJueen,  so  late  as  ISIS.     Then. 

[20]      since  all    British  and   Anu'rican  maps,  which   in   ISKl  *had  on 

them  the  mime  "Straits of  Kosario,"  located  those  straits  far  to  the 


I 


use  it  is  far 
ml  it  is  tlu' 
r>nt  when 
stiiifiiiishiMl 
[•  of  smalU'v 
as  iiu'liuUMl 
10  coiitinont 
can  ^lisputo 
iver  Islaml. 


lerly/'  The 
o  avoid  c'ut- 
The  move- 
The  treaty 
"southerly" 
ctioii,  there- 
Mi  direction ; 
:  wb'-'jh  least 
ist  be  chosen 


I)  or  FIX' AS 

0  of  the  said 
■eaty  contein- 
ot  llaro  iind 
Hi  at  the  map 

to  no  channel 
y,  points  also 


tor  to  find  the 
SIS,  they  had 
lel  to  the  east 
id  which  now. 

icertain  where     | 
,!;;-ned,  the  ne 
name  ^'Straits 
lacetl  upon  the 
lent,  far  north 
chore<l  on  the 
lolds  the  same  | 
r.    There,  too. 
e  Mofras,  puli- 
kes,  puhlislied 
L>r  Island,  pub-  | 
slSlS.    Then, 
ISKJ  *had  Oil 
traits  far  to  the 


t;""^^ 


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-(j||r/-inri«'>.7ijuj.mfntrij*/^^'  ,ler,,  Monti.       '' 
■  /i*?r/  H-iu  wuvv  /AiJ  i*lrf  /)tr(/r\    iifh^r  rmimfj.  ' 

iov^ri,>r    A'/tMH  /trnt'/rritfi/  tiftrlvfpHkf 
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tno  uiui  Wtl.hs  in  iht  yt'ttflVC  ftftU  iVC 
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intheArrimim  m  mi-  'f^HMm^unl Hiti^mi » >i\Kufn)*t(iim  iimufto'ithrt- 

!»A»M  tr/>rr.n'nfjtJirf')uiiSlrt.i/  atk/fArMi^iiriof  hjuit'i  I  f  •  -ts 
mm'tmihH  fa'limL  In  fht  iUh  m'thr  ifuirt  trviUmffi  inh  A  (iJ/f«l  «  ^itftU 

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•  iff!  Itiuurto .  /.fWij///**/*  "/  VVicJ/cr/./*.*/!  (»/"aA7(Ia' 

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ihi-t  \Utifnu-iH  it  i.v  »'iM\  /yi  (V. 
.■*  'A**.AiA'»  'in,/  'niHifi  <*ivf  II 

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m-  htm'*  /■»  .\f»t  »tt_  mUit-nut  ni'hiii  \trvi^f,  nr  ;tim*Ji»%    . 
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*n.r  f,t'r/f*r^f\'  iiiiktumfiln  .t//  Mr  Au«A"-«l»»J  nf'tJtf.Snrik' 
n^ffr-r-f  <ti%!nv^t  .,-»     k'lmn  /ifpirf  ftiltut  nfttrfv  fnt^ 
r*ith»il  fftrt  m' thf  </ir-at  (-"i*   nt  titr*nii4i  ■  Utjt  fwm*.' 
\*ri*t  rtt*nrf\-  iU(  •lUrfi^r*^  titt.l  ftr^.s*r\-eU  Ay  Aw.*»*"«v« 
.<\*vs  I'.ftVtuno  titnl  y\tl,i^s  u%  thr  yritflT.'lS  uttti  tVi^ 
sfifiH  itu^t  fhfm  itaain  on  ihr  lintrf  irtth^f  nartijeiitf.% 
(,ftr  citr  rollri-tu'tt  f 


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13. 

MAP  Qi^'  'IlIE  ^IDTiJ 

17  92. 

iPublishod  in 


ili 


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CAirrA  K,Si^'KKll\\ 


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0.^'  TOE  ^ItJTilL  Y  MEXniAI^^, 

17J)2. 

iPublisliediii  1802.) 


^m^ 


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^ 


•  ^  ■  /^f  tiiiir/riA'ii'nt'i 

tri'lnU/i  khU  tft/t/t/tm/t 

«„  /A,  Hdi'  ii  111^1  Mill  III  M 

l-f  hlilulJiil  h'nUillu/ il-i  • 

Jilt  H  UIHtfl'  "*'l 

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nl 


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rvn=T=rx=.-::i, 


AIEMORIAL    or     IIIF.    rNriKD    STATKS. 


17 


M;il.  II. 
M  i|i  II. 


iiortli  of  111 ',  !n)\v  (Mil  tlic  l>riti.sli  ^cncniiiuMit  iiixitc  Vtuir  .Miijcstv  to  say 
lliat  the  straits  of  IJosaiio  form  tlic  line  ol  '  "MiKlaiy  fstaliHslicd  by 
lliilisli  and  Aincricaii  ncuotialois  in  that  xcai'  Iti'twcon  tlie  United 
States  and  tiic  15ritisli  tcrritoiy  .' 

J  low  and  why  tlie  l>ritish  iin  moored  the  name  from  the  \v;.ters  to  wliieli 
they  themselves  Iiad  consigned  it,  and  wliere  it  remained  lor  Just  half  si 
eenlMi-y,  1  h-ave  them  to  explain  and  to  jnsrify.  I  remark  only  that 
they  cannot  i)rodin'e  a  inap.  I'.n^nlish,  l-'icneli,  Spanish,  or  (ierman, 
oldei'  than  IS  IS,  on  which  the  passaj^e  whicii  they  now  eall  the  Straits 
of  ]{o.>^ario  hears  that  name.  On  Spanish  maps  the  nana'  is 
applied  only  to  the  \'ery  broad  channel  1\  inu  noith  of  the 
Canal  de  Ilaro  and  of  tlie  forty-ninth  i)arallel  of  latitude. 

l-'urther:  the  so-called  Straits  of  b'osaiio  are  not  straits  at  all.  It  is 
the  track  of  Vancoii\er  on  lus  way  from  Admiralty  Inlet  to  the  math, 
as  his  map  shows;  but  it  receive<l  fioui  liim  no  name  whatever.  On 
llritish  nnips  it  never  bore  a  name  till  after  the  IJritish  u'overnment  in- 
troduced a  new  iiitei'itretatiou  of  the  treaty  of  -lune,  isb*. 

Ajiain — and  this  reujark  is  of  c(uic!usi\e  iiupiutance.  by  itself  alone 
sullicient  to  decide  the  (piestion — the  line  of  the  tieaty  must  run  from 
tiKs  middh  of  "  the  channel  whicli  separat<'s  the  continent  from  ^'an- 
couver  Jsland."  >'ow,  the  ■;o-called  Straits  of  Kosario  neither  touch  the 
continent  nor  Vancouver  Island.  They  divide  small  islands  from  snudi, 
islands,  an''  .lothin*;'  else;  they  ha\t.'  no  jiretensiou  todivitle  Vaiu^ouver 
from  th»  continent,  or  the  continent  from  \'ancou\er. 

!M(U"eover.  the  water-line  of  the  featy  nuist  be  a  channel  which  makes 
a  c(mtinuons  line  with   l-'uea's  Straits;  for  the  words  of  the  treatv  are, 

Now, 


M,i|i   \. 


"through  the  middle  of  the  said  channel  ;uid  ol   I'lica's  Straits 

the  so-called  St  raits  of  Jiosario  lead  (udy  to  a  sound,  which 
Spanish  voya}j;ers  ealled  the  Hay  of  Santa  IJosa;  they 

|;)(»1      do  not  cnunect  with   I'm-a's  Straits,  *\\hieh  cea.se  at  the  south- 
eastern pionauitiuy  of  \ancouver  Island.    Jfex  crsinj;' the  track  of 

VauriMivcr.  and   followinu    the   so-called  stiaits  of   Ifosario   southerly, 

the  mariner  would  enter  Admiralty    Inlet;   he  never  would  reach  the 

Straits  of  Fuca. 

Then,  too.  com])ared   with   the  <'aiial   de    Ilaro,   tlie   so  called   Strait 

of  Kosario  is,  as  we  have  seen,  a  narrower  passaiic.  a  .sli.illower  passage, 

and  a  roundaliout  pa^saue. 


CnNClJ  sptN. 


Hut  eiioii;ili  :  tlie  rights  of  Auu'rica  cannot  Ite  darkened  except  by  an 


e.xees.s  ol   Word 


Tl 


le    mlelitloii    ol    liie    paitle.s    to    til      treat.N    is 


made 


jilaiu  l),\  its  iiistoiy,and  t  he  lioundar\  which  weelaie    's  clearly  set  forth 


in  its  word.s,  tak^-n  collectively  and  taken  separate 


I   will  close  1»\ 


eitinj^:  u'eneral  principles  of  interpretation  cstaldi.shed  by  iiitcniational 
llaw. 

A  party  olV<riii^  the  draui;hl  of  a   treal.\    is   hound  by  the  interpreta- 

lti(Mi  which  il    knew  at   the  t ime  that  the  other  party  .iiave  to  it.     Lord 

UVI>erdeen  cannot  have  doubted  how  the  tieaty  was  understood  by  Mr. 

Alacbane,l»\  .Mr.  IJuehanan.and  lt\  the  Senate  of  thel'nitiMl 


Stat 


es. 


W 


lere  tiie  teriusof  promise."  w  riles  t'ale\  ,  w  ho.sc 


•Vl.l..- 


Avork  was  Ion;.;' a  text  book  at  Oxtbrd.  "admit  of  tmu'e  senses  timn  one, 
the  juomisc  is  to  be  perlormc'l  in  the  .vimisc  'in  which  the  piomisei'  ap- 
ju'ehended  ;ii  the  lime  that  the  pr(»misee  r<'"ei\ed  it."  This  will  not 
|ilitfer  trom  the  actual  intent  i(m  of  th<' promiser.  win-re  the  promise  is 
ijii\ en  without  <;ollusioii  or  rcsiuxc;  luti  we  put  iherulein  the  al>ove 
J  I) 


w         Si 


I 


»t^ 


(eHJu/,i/f  f///,f  'f»i.'n/AiAir/./,.,f„ru»/. /,,■,//. 
^    Mrxtt,trt'rtUil(,/r„    frn,„/,.///^//,u/r„.//„/,,,r/./m,rin/ 
/r,  ixM  •iH.^t/l,,/,/^,,,/,  H,lfj/*rUrl  r/,/i,U/yr,  )/,/>/  //hi//,',, 
■  •rn/nilt/ j,^,ui/iiil  r/-  '.H.mjo/./r  aNl,i.%M  <, .  ii  u,„U,  „//iiui 
"'Si'"^  'W|««»„„  ^<i/,„i,/.uaHu/i',y  ■,///,, M./',iv/n,-<rti, 

t/hi/mj„/Vfnntl/u/,lJ  luA  •nm.it,/,,/^ ,„,//,  J,,,/' ,,„',/  . 
/ittr-  -mifn-,!: /utittluM,/ tlt(  .vc/<  ,'■/ /hr  {i-n.tii<,i/,  ,// 
Jciitjr  /.i,.i Miu/ ,/u,  0/ (I ,/,-/vK  ,„ /Af  y,«/y,„, /„,/ 
'^V''-  /i-i.yniu/ri,      /ij/ciLitii 


/fro 
•/ 

-Kill, 

noiii 


r..-  i».|,.f  ,1,1  .n^j.a.J  ^ut  nxuit  -^ 

/^^'         •{    '  '"turr  f/r ,  '/nn/ii 
' I  \  \  -yfriir-i/ 


n„f/,/,/  (Wfr/rr,/,,/r/r/:  //mr//ro,o  r/r 


-•LfUiii/nn'o/M/-.iti  f^iliiu'i  f^i/otoy):'(/,ni  \(i/oJo/>r\ 


,  •  •  I 


tr 


~1 


'TT  •' 


<  I, 


18 


NORTFIWEST    WATKR    BOl'XDARY    ARKITRATION. 


ill 


r.'i  ht,  a  ».■> 
K(l.  IWlf. 


[.31] 


form  to  exclude  evasion,  Avlieievi'i-  the  promiser  attempts  to  make  his 
escape  throtifih  some  ambifi^uity  in  the  expressions  which  he  used."' 

Again:  "Where  a  ri;L,'iit  atlmits  of  dirterent  defj^rees,  it  is  only  tiie 
v,n,.,.  smallest  dejivee  which  may  be  taken  for  granted."  ''1st  eiu 
'  '"'  Jtecht  verscliiedener  Abstufnngen  fiiiiig,  so  darf  zuniichst 
iiur  die  geriiigste  >Stiife  als  zugestanden  angenommeii 
^werden/'  Tliis  rule  of  IFi'tfter  iits  the  present  case  so  ai>tly  that 
it  seems  made  for  it.  There  Immo};  degrees  in  the  de[)arture  from 
the  parallel  of  1!)^,  it  must  be  taken  that  only  the  smallest  degree  was 
conceded. 

Finally  and  above  all :  there  is  a  principle  which  not  only  controls 
the  interpietation  of  treaties,  but  llic  results  of  investigation  in  every 
branch  of  human  knowledge.  A  ilu'ory  which  implies  confusion  and 
contradiction  is  at  once  to  be  rejected ;  of  two  rival  tlut)ries,  that  which 
most  nearly  rcc<tnciles  all  phenomt-na  is  to  b(^  jireferred:  the  theory 
that  reconciles  all  ai)pearances  and  all  circun:stanccs  is  to  be  received 
as  tru<\  The  British  interpretation  of  the  treaty  implies  that  the  Jirit- 
ish,  who  exclusively  draughted  it.  sowed  the  seeds  of  future  <lis:sensions 
in  the  N'cry  instrument  by  which  tln-y  proposed  to  settle  every  boundary 
(piestion  forever;  that  anu)ng'  the  negotiators  of  the  treaty  there  were 
those  who  dnpe<l,  and  those  who  wi-re  dupes.  Lord  Aberdeen  ceases  to 
.be  the  ''straightforward"'  man  of  Mr.  MacLane's  report.  On  the  Amer- 
ican side  the  statesnu'ii  apiiear  void  of  spirit  and  of  ccunmon  sense,  an<l 
easily  cireniincnted.  The  historical  process  by  which  the  treaty  was 
arrixed  at  beconu's  incomprehensible.  The  names  on  maps  n)ust  be 
changed;  the  conformation  of  islands  ami  continents  and  the  highways 
of  the  great  (h'cp  are  made  to  expand  and  contract  so  as  I.*  suit  the 
cavils  of  a  governnuMit  which  does  not  profess  exactly  to  inulerstand 
the  true  meaning  of  the  treaty,  for  every  word  of  which  it  is  itself  respon- 
sible. Take  the  other  theory;  interpret  the  treaty  as  the  Americans 
accepted  it,  and  there  are  no  statesmen  on  the  Ibitish  side  who  attemptyil 
to  dupe,  and  no  dupes  on  tin'  Aiiu'rican  side.  The  history  of  tin  nego- 
tiation becomes  clear,  and  is  consistent  with  its  result.  Mr.  Macliane 
retains  the  I'cputation  for  ])rudence  and  clear  percei>tion  and  careful 
statement  which  has  always  been  attriluited  to  him.  All  words  that  fell 
from  the  ])en  or  lijts  Mfcveiy  one  concerned  in  fiamiiig,  accepting, 
[.'»2J      or  approving  the  treaty,  agree  together  and  *bear  tlu',  stamp  »»f 


;'ood  inteiitittn  and  uprightiie 


I'iVervtiiing  that  was  uttered  bv 


Mr.  I^verett,  ^Ir.  Macl.ane,  and  .Mr.  r.uchanan,  by  Lord  .Vberdeen, 
Mr.  IJenton,  or  Sir  Itobert  Peel,  is  j>erfectly  recoiieiled,  without  even 
the  semblance  of  contradiction.  The  straits  and  channels  may  rest 
where  nature  has  set  them,  and  old  names  may  be  restored  t<t  their 
rightful  places.  The  completion  of  tlu^  treity  d(»(  -  lM)m)r  to  the  laiiors 
of  honest  amiable  statesmen,  luMit  on  »'stal>lishing  friendship  and  peace 
between '■  kimlred  nations.*'  I'ersons  and  history,  an<l  i'ei>orts  of  con- 
versations and  the  words  of  the  treaty,  all  chime  togethei'  in  the  most 
]»<'rfeet  harmony,  inviting  an  awanl  whic^li  will  command  I'cady  aquies- 
cence,  anil  leave  m)tliing  to  rankle  in  the  wound  wliieli  it  heals. 


miike  his 

only  the 
''1st  eiii 
zuiiiichst 
ciioiumeu 
iptly  that 
tuve  IVoiii 
L'jiiee  was 

,'  contntls 
[ill  cvt'iy 
isiou  and 
liat  which 
le  theory 
received 
:  the  IJrit- 
issensions 
boundary 
liere  were 
1  ceases  to 
the  Ainer- 
■;ense,  an<l 
rcaty  ^Yas 
must  be 
highways 
,*  suit  the 
nderstand 
I'lfrespon- 
Vnu'ricans 
itteinptvd 
tli(    ne;f(»- 
aMacLane 
id  careful 
s  that  tell 
acceiitin.i;, 
',  staai])  »>t' 
ittered  by 
VbtM'deen, 
lout  even 
may  lesr 
1  t(>  their 
tlic  laliovs 
;iiid  peace 
ts  ot  con- 
tlic  most 
\    aquies- 


A  ri'KN  III  X. 


No.  1. 
E.itract  fnnn  the  treaty  of  Washhxjton,  i>l'  ■Jxm  I").  IS-tO. 

AuTK'T-i:  1.  J'rom  the  '^>oint  on  the  forty-ninth  jtarallel  of  north  lati- 
tude, where  the  boundary  laid  down  in  existinj;'  treaties  and     „ ,„,  ,,.,,|,. 

conventions  Ix'tween  the  United  States  and  (Jreat  Uritain  '■'•'"i""' 
terjninates,  the  line  of  boundary  between  tlie  territories  of  the  United 
States  and  those  of  Her  llritannic  ^fajesty  shall  be  continued  westward 
alonj;-  the  said  forty-ninth  ]taral!el  of  north  latitude  to  the  Jiiiddle  of  the: 
channel  which  separates  the  continent  from  A'ancouver  Island,  and 
thence  southerly  tliroujih  the  middle  of  the  said  channel,  and  of  Fu<:a's 
Straits,  to  the  Tacilic  Ocean  :  Proridrtl^  hoircccr,  That  the  navigation 
of  tlu>  whoh^  of  the  sai<l  channel  and  the  straits  south  of  the  forty-ninth 
parallel  of  north  latitude  renuiin  free  and  open  to  both  parties. 


X 


o.    L'. 


M.i1li-r  .111(1  lorin  "I 


Extract J'lo IK  the  treat//  of  Wa.shintjfoit,  of  Maij  S,  ls7i. 
Tin:  NdiMiir.n.N  I'.or.NnAir.. 

Akt!(JL!':  ."U.  Whereas  it  was  stipulated  by  Article  1  of  the  treaty  con- 
cliided  at  Washington  on  the  b">th  ot'  .lune,  ISK!,  between 
the  Inited  States  of  Ameiica  and  Her  llritannic  .Majesty, 
,4]  that  the  *line  of  boundary  betwt'cn  the  territoiy  of  the  United 
States  and  tli(»se  of  Her  llritannic  .Majesty,  from  tlie  point  on  the 
forty-ninth  parallel  of  north  latitude,  uj>  to  whicli  it  had  aheady  been 
ascertained,  should  be  continued  westward  aloni;  tlie  said  parallel  of 
north  latitude  ''to  the  middle  of  the  channel  which  sepaiates  the  conti- 
nent from  \'an(;ouver  Island,  and  thence  soutlicrly  thiou^h  the  middle 
of  the  said  channel,  ami  of  Uuca  Strains,  to  the  1 'aci lie  Ocean  ;"  and 
whereas  the  commissioners  appointed  by  the  two  hi^^h  contracting;'  [tai- 
ties  to  dctt'rmine  that  portion  of  the  boundary  which  runs  southerly 
ihrouj^h  the  middle  of  the  channel  aforesai<l  were  unalile  to  aj-i'ee  upon 
the  same;  ami  whereas  the  .uoveinment  of  ller  llritannic  ^Majesty 
claims  that  such  boundary-line  should,  under  the  terms  of  the  treaty 
above  recited,  be  run  throu<;Ii  tiie  Kosario  Straits,  and  the  (lOvernnuMit 
of  the  I'nited  States  claims  that  it  should  be  run  thr(Ut<;h  the  Canal  de 
llaro,  it  is  aj;ree(l  that  the  respeetivi'  claims  of  the  j;(>vernment  of  Her 
llritanni(!  .Majesty  and  of  the  Ooveinment  t>f  tlu;  United  States  shall 
be  submitted  to  the  arbitration  and  awai'd  of  His  ]\Iajesty  the  l''mj>eror 
of  Oermany,  who,  having;  re<;ard  to  the  above-nu'Utioned  article  of  the 
said  ti'caty,  shall  ^Jecide  thereupon  linally  and  without  appeal  which  of 
these  claims  is  most  in  accordaii'-e  with  tli-  true  interpretation  of  the 
treaty  of  .June  lo,  18 10. 


•w 


20 


NORTHWEST    WATER    IIOINDARV    ARItlTRATION. 


w 


AlMiri.i:  .l.l.  Tlic  ;i\v;ir(l  of  Jlis  Miijcsty  tin;  I'-iniu'ior  of  (Icrinaiiy 
sliiill  be  coiisidcicd  ns  alisolutcly  liiiiil  ami  coiicliisivc,  mid  lull  ('iVcct 
shall  be  ;;i\('ii  to  such  award  Avithoiil  any  objection,  evasion,  or  delay 
"whatsoever.  Such  (h'cision  shall  be  ,niven  in  writinj;'  and  dated.  Jt 
shall  be  in  whatsoever  Ibini  His  ^lajesty  may  choose  to  adojtt.  It  shall 
be  delivered  to  the  rej)i'esentatives  or  other  public  a;4'entsof  the  Tnited 
States  and  C.reat  Jbilain  res|>ectiv(  ly,  who  maybe  actually  at  Beilin, 
and  shall  be  considered  as  operative  from  tin-  day  ol"  the  date  ol'  the 
delivery  thereof. 

Akticm:  .")(».  The  written  (»r  ]irinted  case  of  each  of  the  two  ])artios, 
JH'companied  by  the  evid«'nce  offei'ecl  in  siipjiort  of  the  same,  shall  be 
laid  before  Ilis  !\lajesty  the  ICmperoi' of  (iernniny  within  six  months 
fr»»m  the  date  of  the  e\clian,n('  of  the  ratitication  of  this  treaty,  and  a 
copy  of  such  case  and  «'videnc»'  shall  be  conimniMcated  by  each  party 
to  the  other  thronuh  their  re,  ;  -tive  representatives  at  Jlerlin.  The 
liijih  contractin,i«  paities  nuiy  in,  hide  in  the  evidence  to  be  considered 
by  the  arbitrat<ir  such  (htcuments,  ollicial  correspondence,  and  other 
ollicial  or  public  statements  bi'arinj;'  on  the  subject  of  the  refer- 
[5]  ence  as  they  nniy  consider  necessary  *to  the  support  of  their 
respective  cases.  After  the  written  or  printtHl  case  shall  have 
been  ('(unmunicated  by  ea<'h  i>arty  to  the  other,  each  i»arty  shall  have 
the  power  of  drawinfj;  up  and  laying?  before  the  arbitrator  a  second  and 
detinitive  statement,  if  it  think  tit  to  do  so,  in  reply  to  the  case  of  the 
other  i)arty  so  <'omniunicated,  which  definitive  statement  shall  be  so 
laid  before  the  arbitrator,  ami  also  be  mutually  communicated  in  the 
same  manner  as  aforesaid,  by  ea<;h  party  to  the  other,  within  six  months 
from  the  <late  of  laying  the  first  statement  of  the  case  before  the  arbi- 
trator. 

Article  ."ST.  If  in  the  case  snbmitted  to  the  arbitrator  either  ])arty 
shall  s|>ecify  or  allude  to  any  r<'p(U"t  or  document  in  its  own  exclusive 
])()ssession,  without  annexinj;'  a  cm.v,  such  i>arty  shall  be  bound,  if  the 
other  party  thinks  proi>ei' to  ai)ply  .  jr  it,  to  furnish  that  jiarty  with  a 
copy  thereof,  and  either  ]»arty  niaj'  call  upon  the  other  throujih  the 
arbitrator  to  produce  the  oiij;inals  or  certified  copies  of  any  i>apers  ad- 
dnc«'d  as  evidence,  jiiviiif;'  in  each  instance  such  reasonabh^  notice  as 
the  arbitrator  may  riMpiire  :  and  if  the  arbitrator  should  ilesiic  further 
eincidation  or  evidence  with  rej^ard  to  any  point  contained  in  the  state- 
ments laid  before  him. he  shall  l»e  at  lil)erty  to  lu'ar  one  counsel  ora.u('nt 
tor  each  |>arty  in  relation  to  any  matter,  and  at  such  time  ami  in  such 
manner  as  he  may  think  fit. 

Aif'i'icr.E  .'iS.  The  representatives  or  i»ubli«'  agents  of  the  United 
States  and  (ireat  Mritain  at  Uerlin  respectively  shall  be  considered  as 
the  agents  of  their  respectixc  (lovernmciits  to  (-ondnct  their  cases  before 
the  arbitrator,  who  shall  be  re<pu'sted  to  address  all  his  communications 
and  give  all  his  notices  to  such  representatives,  or  other  ])ublic  agents, 
who  shall  repi'csent  their  respe<'tive  governments  generally  in  all  mat- 
ters connected  with  the  ail>itration. 

Artk'LE  IV.K  It  shall  be  comju'tctit  to  the  arbitrator  to  pioceiul  in 
the  said  arbiti'ation.  and  all  matters  I'clating  thereto,  as  and  when  he 
shall  see  tit,  either  in  person,  or  by  a  [)eison  or  jjcrsoiis  named  by  iiim 
for  that  purpose,  either  in  the  presence  or  absence  of  either  or  both 
agi'nts.  ami  either  orally  or  by  written  discussion,  or  otherwise.  The 
arbitrator  may,  if  he  think  lit.  appoint  a  secretary  or  clerk  for  the  pur- 
l>oses  of  the  ])roposed  arbitration,  at  such  rate  of  remuneration  as  he 
shall  thiidc  proper.  This,  and  all  othei-  expenses  of  and  connected  with 
said  arbitration, shall  be  provided  for  as  hereinafter  sti[»ulated. 


MEMORIAL    Ol     Tin-:    INITEJ)    STATES APPENDIX. 


21 


(ifrinany 
lull  clVrc't 
.  or  drill  V 
(lilted,  it 
.  It  sliall 
he  I'liitcMl 
iit  IW'ilin, 
iitt'  of  the 

,()  ]>iii'tios, 

I',   Sllilll     1)0 

i.\-  montli.s 
uty,  aiMl  ii 
■iU'li  piU'ty 
"ilin.     The 

(M)Ilsi(lOl(Ml 

and  other 
the  rei'oi- 
it  of  their 
sliall  have 
shall  have 
econd  and 
case  of  the 
(hall  be  .-so 
ted  in  the 
six  months 
i;  the  aibi- 

ither  party 

rxelusive 

and,  if  the 

ty  with  a 

ronjih   the 

)apers  ad- 

notiee  as 

ire  further 

the  state- 

I  oi-ayent 
id  in  such 

he  United 
sidered  as 
is«'s  before 
nnieations 
lie  agents, 

II  all  niat- 

)i'oeeed  in 
when  he 
mI  by  iiini 
('!•  or  both 
vise.  The 
r  the  pur- 
ion  as  he 
eeted  with 
I. 


N 


(I.    o. 


E.itnict  J'foiii  iln'  jKitciit  iii'ttuft'l  h)f  JdiiirN  I  of  EikjJhihL  Xorioilxr  '■'>,  in 
ilu-  (inltti'cnili  i/car  of  his  niijii,  to  the  cokhcH  if  I'lyiiioulli. 

*        *        *        *         "  Wee,  therefore,  of  our  ("^peeiall  (Jrace,  nu-re 

.Motion,  and  eertaine  Knowledj^c,  by  the  Aduiee  of  thv'  Lords     j.,,^,.,, , ,, 

and  otJK  rsof  our  I'viuy  ('onneell.have  Ibr  I's,  our  Hey rsiuid  Kt;V.':i?.X'm".'\Vy 
Successors,  yraunlcd,  ordained,  and  establishe(l,  and  in  ;;nd  i'":i^i' ■■' i"'""i-- 
by  tiiese  Ticseiits,  JJo  for  L'.s,  our  ileir.s  and  .Successors,  jurant,  ordaine, 
and  establish,  that  all  that  Circuit,  Continent,  rrt-cinc  ts,  and  Limit ts 
in  America,  lyin.t;'  and  bein^-  in  Lreadth  from  Fourly  J)e,'irecs  of  >.'orth- 
erly  Jiatitmle  from  the  I'^quinoctiall  Line,  to  Fourty-eijiht  i);'.i;i'ees  of  the 
said  Xortlicily  Latitude,  and  in  Len<;tli  by  all  the  J5r«'adtli  ai'oresaid 
throughout  the  Maine  Land,  Irom  Sea  to  Sea.''  '  ■ 


E.itravt 


from    Ihi'  clidrlrr  <f  Mds.sachitseft.s    I'-iji,  t/riditcil  lnj   Clunlis   1 
of  Enijland,  March  \.  Kil'S. 


*****  'MVe  <lo  .liive  and  yraiit  all  the  Laiides  and 
Hereditaments  within  the  Space  ol"  Three  JOnulish  .Miles  to  the  south- 
ward of  .Massachusetts  Lay :  and  all  those  LaK'les  and  Hereditaments 
within  the  Space  of  Three  10ii;;lish  Miles  to  the  Northward  of  the  Jtiver 
calltMl  ]\I«'rrimacU",  all  Landes  and  Jlereditaments  whatsoever,  lyinj;' 
within  the  Lymitts  aforesaide.  North  and  South  in  Latitude  and  iUeilth, 
and  in  Lennth  and  Jionyitude,  of  and  within  all  the  llre^'h  atbresaide, 
throu,uh(»ut  the  mayne  I.andes  there,  from  tln^  Atlantick  and  A\'csterne 
Sea  and  Ocean  on  the  lOast  J*art(>,  to  the  South  Sea  on  the  'A'est  Laite.*' 

*  *  *  *  *  lie  # 


give 


*  Extract  from  the  old  patcitt  for  Connecticut. 

*         *  "l{obert,Earl  of  Warwick,"         *        *  "doth 

„.._  *  *  "the  Space  of  forty  L(Mj;ues  upon  a  straight  line 

near  the  Sea-Sliore,  toward  theSouth-West,  West-aud-by-Southor  West, 
as  the  Coast  lieth  towards  Mrgiiiia,  accounting  three  English  .Miles  to 
the  League,  and  also  all  and  singular  the  Lands  and  Hereditaments  what- 
soever, lying  and  being  within  the  Lands  atVu-esaid,  North  and  South  iu 
Latitude  and  Breadth,  and  in  Length  and  Longitude,  of  and  within  all 
the  Breadth  aforesaid,  throughout  the  .AFaiii  Laiuls  theie,  from  the 
Western  Ocean  to  the  South  Sea;"'  #  *  *  • 


fpr 


0 


•>9 


NORTH WKST  WATKR  BOUNDAKV  AKIUTRATION. 


E.vtrnvt J'iom  the  charter  (jranted  hi/  Charles  FT  of  England  to  (he  lords 
pr(>2>rietors  of  Carolina,  March  1*1,  1G(m. 

*  *  *  *  "•all  that  territory  or  tract  of  s''<^iin(l" 

*  *  *  ''('xtciuling   from  tho  North  end  of  the  Island 

called  Liicke-lsland,  wiiieh  lieth  in  the  Sontliern  Vir^'inia  Seas  and 
Avithin  8ix  and  thirty  de;;rees  of  the  Northern  Latitnde,  and  to  the  West 
as  far  as  tho  Sonth  Seas,  ii^id  so  sontherly  as  far  as  the  river  St.  jNIat- 
thias,  which  bordereth  npon  tho  coast  of  Tlorida,  and  within  one  and 
thirty  decrees  of  Northern  fiatitnde,  and  so  West  in  a  direct  line  as  far 
as  tlieSonth  Seas  aforesaid:"  #  »  #  * 


Extract  from  the  commission  of  Gorernor  Wrifjht,  of  (leorf/ia,  of  the  20th 

of  Jannary,  ITtil. 

"  (leorsje  TTF,  l»y  the  j;raco  of  flod  of  Great  Thitain,  France,  and  Ire- 
land, Ivinjjf,  Defender  of  tiie  Kaith,  and  so  forth,  to  our  trnsty  and  well- 
beloved  .James  A\'ri;;ht,  esqnire,  jj^reetinjj: 

*  *  "  Wo  did,  by  oni-  letters-patent,  nmler  onr  .^reat  seal  of 

(Ireat  Britain,  bearin^r  date  at  AVestminster,  tho  1th  <lay  of  iMay,  in  tho 
first  year  of  onr  rei^n,  constitnto  and  api)oint  yon,  .lames  Wright, 
esqnire,  to  be  onr  captain-.ueneral  and  yovernor-in-chief  in  and  over  our 
colony  of  (leorgia,  in  America,  lying  from  the  most  northern  stream  of 
a  river  there  most  commonly  called  Savannah,  all  along  tho  sea-coast  to 
the  southward,  unto  the  most  southern  stream  of  a  ceitain  other  great 
water  or  river  called  Allamaha,  and  westward  from  the  heads  of  the 
said  I'ivcrs,  res|.('ctivcly,  in  direct  lines  to  the  South  Seas."  "  * 


[>^J 


*No.  1. 


Articles  betiveen  the  United  S/alis  of  Ainerita  and  I/is  lirilaniiic  Majesty. 

I\oremhcr  30,  ITSL'. 

Article  II.  • 


# 
'■to 


"From  the  northwest  angle  of  No\a  Scotia"  *  * 

F.r.t  i„i.iy  I..-   '^through  Lake  Superior"  #  *  *= 

lllwlVuA  i\r'''-^  the  Long  Lake ;  tluMU'o  through  the  middh>  of  said  Long 
hoVria'.r^r,iZ'v.,'.H  Lake,  ami  the  water  communi<'at ion  between  it  and  the 
""'"*•  Lake  of  the  Woods,  to  the  said  Lake  of  the  Woods;  thence 

through  the  said  lake  to  the  nu)st  northwestern  point  thereof,  and  Ironi 
thence  on  a  due  west  course.''  *  *  *  *  * 


No.  5. 

Extract  from   thi    treat ii  hetu-ecn  the   United  States  of  America  and  the 

French  Eepnhlic,  April  .".0.  l,StK5.  " 

Article  L  \N'hereas,  by  the  article  tin?  third  of  tho  treaty  concluded 

Ti, . ir„ii..,i  s.,... ,  ut  St.  Ildelionso,  the  0th  Vendi'iniaire,  an  0  (1st  October, 

""""'"""""     1800,)   botwecu    tho   First  Consul  of  the  French  and  Ills 


M 


MKMORIAL    OF    THE    IXITED    STATES — Al'PEXDIX. 


23 


<>/•  the  20th 


('atliolic  Mii)t''*<ty,  it  was  njjfiTod  as  follows:  "His  (Catholic  Majesty 
i>roinisi's  and  eiij^afios  on  his  part  to  code  to  the  Froneh  Kepublic,  aix 
months  after  the  lull  and  «'ntire  execution  of  the  conditions  and  stipu- 
lations herein  relative  to  his  royal  hi^-hness  the  Duke  of  I'aruia,  the 
colonv  or  province  of  Louisiana,  with  the  sanu^  «'xtent  that  it  now  has 
in  tiie  hands  of  Spain,  and  that  it  liad  when  France  jtossessed  it ;  and 
such  as  it  should  he  after  the  treaties  subsequently  eiiteriid  into  between 
Spain  and  other  States." 

And  whereas,  in  pursuance  of  the  ti'caty,  and  particularly  of  the  tliird 
article  the  French  Jtepublic  has  an  incontestable  title  to  tlu^  <lomain 
and  to  the  i)Ossession  of  the  said  territory  :  The  First  Consul  of  the 
French  Kepid)lic,  desirinj;  to  j,nve  to  the  United  States  a  stroujj  proof 
of  his  friendship,  doth  hereby  cede  to  the  said  United  States,  in  the 
name  of  the  French  liepublie,  forever  and  in  full  sovereijiiity,  the  said 
teriitory,  with  all  its  ri^jflits  and  appurtenances,  as  fully  ami  in  the 
same  manm'r  us  they  have  been  acquired  by  the  l-'rench  Republic,  in 
^irtue  of  the  altove-nientioiied  treaty  concluded  with  His  Catholic 
^Majesty.  ' 


|i»j 


*No.  0. 


Additional  and  e.vplanatort/  nrticUs,  sltptrd  tlit  —  dai/  of .  1S(>7,  to 

l>e  added  to  tin;  tnatif  of  amiti/,  coinmrrrc.  and  uavif/atioit,  In'tirecn  Jlis 
Iiril<(n)iir  Majcsfj/  (Hid  ill)  I'liitcd  Slufrs  of  America,  sii/tied  at  London, 
the  Mst  day  of  Jhremher,  1S()(>, 

[Iiitlo.ifd  ill  Mfs.srs.  Monroe  and  I'incUnc.x's  li-tt(  r  ol  tlic  "jritli  April,  l-u7.     I'lum  Lon- 

tloll.] 

.VirrrcLi:  "t.  It  is  aj,n'eed  that  a  line  drawn  due  \v(»st  from  the  Lake 
of  the  Woods  alono;  the  tbrty-niiith  jiaiallel  of  north  lati- 
tiuh'  shall  be  the  line  of  deinarcati<ni  [division  linej  between  an,i''^ir.'';i''  lir't'm 
Ilis  IVIaJesty's  territories  and  those  of  the  United  States  to  ''""'h  "."ir'n'-i '■!',"„ 
the  westward  of  the  said  lake  as  far  as  the  territories  of  the  "'"'""  "" 
United  States  extend  in  that  (piartt-r;  and  that  the  said  line  shall  to 
that  extent  form  the  southern  boundary  of  His  Majesty's  said  terri- 
tories, and  the  Jiorthern  boundaiy  of  the  said  territories  of  the  United 
States;  i)rovide<l  that  nothin*;-  in  the  inesent  article  shall  be  construed 
to  extend  to  the  northwest  coast  of  America,  or  to  the  territories  be- 
lon,',nn,if  to  or  claimed  by  either  ))arty  on  the  continent  of  America  to 
the  westward  of  the  Stonv  Mountains. 


^' 


o. 


Mr.  i][adison  to  Mr.  Monroe  and  Mr.  Pinchnejj. 

[Exti:i.-t.] 

Depaimment  oj'  Statj:,  J/f/*/ 30,  1807. 

C.  EXT  1. EM  en:  *####* 

ea  and  the    ■         1st.  The  modification  of  the.    fifth    article  (noted  as  one  which  the 
Uritish  commissioners  would  liave  agreed  to)  may  be  admit- 
ted in  case  that  pro[)08ed  by  you  to  them  be  not  attainable.  rHMM.'^^h;.'?!,,?,',;',"'!;! 

But  it  is  much  to  be  wished  and  pressed,  though  not  made  " " """ ''"""" 

au  ultimatum,  that  the  proviso  to  both  should   be  omitted.      This 


T 


24 


xNOKTIIWKST    WATKK    1?()IM».\I{V    A1MIITKATI<»\. 


{10|  is  ill  IK)  view  *\vliiit('V('r  ncccssnry,  jiihI  ciiii  liiivc  littlo  other 
ell'eet  tliiiii  iis  iiii  oHeiisive  iiitiiiiiitioii  to  Spain  tliat  our  <-laiin.s 
extend  to  tlie  I'acilic!  Ocean.  Jlowexer  reasonable  siieli  claims  may  be 
eompared  with  those  olotlieis,  it  is  impolitic,  especially  at  tlu^  juesent 
moment,  to  sti'eii<;tlien  Spanish  Jealousies  of  the  rnited  States,  which 
it  is  ]irol)al»ly  an  oliject  with  (iieat  ISritain  to  excite  l»y  the  i-lain^e  in 
question. 


No.  S. 


.1/*'.  ('((iiiiiiif/  to  Mr.  Kinij. 

FolIKKlN  Ol  TICK,  April  L'O,  ISLMI. 

The   uiuleisiiiiied.    His    Majesty's    Principal    Secretary  of  State   tor 
Th.  i!,,ti.ho.^.r„-   I'orei;;!!  An'aiis,  has  the  honor  to  re^piesf  Mr.  K'nf'iis  lvin,ii', 
t'im''^'ru'iJ''.v'vv.'  Kn\(»y  Ivxtratu'dinary  and  Minister  i'leiiipotcntiary  of  the 
boumiury.  U 11 1 1 cil  S t a ( CM,  toluivc  tlic  <;(todness  to  inform  tin;  under- 

siju'iied  whether  .Mr.  Kin;;'  is  provided  with  instructions  for  the  resunij)- 
tionofthe  ne;;(»tiations  of  last  year,  with  icspect  to  a  settlement  ol 
boundaries  upon  the  northwest  coast  of  America. 

The  Tin(h'rsi;;ned  is  particularly  induced  toinake  thisiiupiiryby  having;' 
received  from  ^Mr.  A'au;;han  a  copy  of  the  cominunicalion.  lately  ad- 
(hessed  by  the  J'resideiit  of  the  Unite<l  States  to  the  Jluus(  of  Jlepre- 
seiitatives,  of  that  i)art  of  31r.  Kush's  correspondence  of  last  year  which 
lelates  to  this  imjioitant  subject. 

The  undersi;,nied  has  to  add  that  the  llritish  jdenipoteutiaries,  3Ir. 
Huskisson  ami  !Mr.  Addin^jton,  are  perfectly  prepared  to  enter  into  con- 
ferences with  ]\lr.  Kin;;'  thereupon  ;  and  eiilier  to  renew  the  itroi>osal 
brought  forward  by  Mr.  Iluskissou  and  Mr.  Stratford  Cannin;;'  in  their 
eonference  of  the  J.'Uh  of  ,hily,  ISiIl,  and  unanswered,  or  to  brin;;' lor- 
Avard  aiiotlu'r;  to  discuss  any  new  prupos.il  on  the  same  subject,  or 
■which  may  be  sn;;';;ested  on  the  part  of  the  jtlenipotentiary  of  the  United 
States.  Till'  undersigned  has  the  honor  to  renew  to  3Ir.  Kufus  Jvin;;' 
the  assurance  of  his  hi;;h  consideration. 

(iEOKr.E  CANNING. 

]iUl'lS  IClNd,  i:s(i.,  tlv.,  dr.,  dc. 


1 


I 
■I 


I 


i 


[11] 


*No.  t). 

Mr.  C'l<(y  to  Mr.  ihiUatin. 

[Kxtnict.] 


.Innc  1!»,  182G. 
A.s  by  tlie  convention  of  181S  the  forty-ninth  parallel  of  north  latitude 
has  been  aj;reed  to  be  the  line  of  boundjiry  between  the  ter- 
ti»  .'lit'm?,i!mM!ni'.  torics  of  the  I'nited  States  and  tJreat  ]>ritain,  east  of  the 
imtt.  >uu:.  ytony  ^Mountains,  tluue  would  seem  to  arise,  from  that  stip- 
idation,  a  strong"  consideration  for  the  extension  of  the  line  along  the 
same  parallel,  Avest  of  them  to  the  I'aeilic  Ocean.  In  bringing  them- 
selves to  consent  to  this  boundary  the  Government  of  the  United  States 
feel  that  they  are  animated  by  a  spirit  of  concession  and  compromise 


MKMOKIAf-    OF    THE    IMTKH    STATKS — AIM'KNDIX. 


25 


tlo  other 
ir  claims 
s  may  be 

V  lUCSlMlt 
PS,  AVllicll 

cluiisc  ill 


»,  ISL'li. 

Wtiitc  tor 
t'us  Kiii;^', 
ly  of  till' 
lu'  iiiHlcr- 
i'  ii'sump- 

IcllK'Ilt    ol 

l»y  liiivin<;' 
lately  aU- 
)1'  Jlejue- 
I'av  whieli 

aries,  ^Iv. 
[•  into  con- 
]»io])osal 
^  ill  tlieir 
hriii;;"  lor- 
iihjeet,  or 
le  Tiiited 
fus  J\.iii<i 


:^l^Ti. 


i 


% 


whieli,  tliey  i)<>rsiia«le  tlM'inselves,  tliat  of  Ciieat  ISritain  cannot  but  recoj;- 
nl/e,  anil  oii;;lit  not  to  hesitate  in  r<'('i|troeatiiiu-.  \\.\\\  are  then  aiithoi- 
i/.ed  to  ]»i'o|tose  the  aniinlinent  of  the  third  art:i"le  of  the  convention  of 
l.sjS,  and  the  exlensi«»ii  of  the  line  on  the  parallel  of  l!>  from  the  «'ast- 
ern  side  of  the  Stony  .Mountains,  wheie  it  now  terminates,  to  the  I'acith! 
Ocean,  as  the  in'iinaiient  Itoimdary  between  the  territories  of  the  two 
Itowers  in  that  <|iiartei'.  'J'liis  is  oiir  nit iiiiatnm,  and  you  may  so  an- 
noniice  it.  We  can  coiiscni  to  no  (ttln-f  liiif  moie  favorable  to<ireat 
ib'itaiii. 


.!//•.  i'Unj  to  Mr.  (utUiitin. 


[Kstiart.] 


LFAINdTitX,  Aliji'sl  ;»,  is_';;. 

*  #  * 


^'i 


>•  He  jtiie  IMt'sidt'iil  |  is  very  di'sirons  of  an  amicable  settlement  of  all 
the  jxiiiits  of  dilfereiiee  between  (Ireat  Ibitain  and  the  I'nited  State's  on 
just  inim-iples.  Siu^h  a  settlement  alone  woidd  be  satisfactory  to  the 
]ieo|)le  of  the  United  States  or  would  coiiimand  the  coiic'iirrence  of 
their  Senate,  in  statin;;'  in  your  instrnctions  the  terms  on  which  the 
rresideiit  was  ^villinj^•  that  the  several  (|uestions  iiendin;;  between  the 
two  j^ovcinments  mi;ilil  be  arran.n'ciljieyieldedas  much  to  a  spirit  of  con- 
ccssi(»ii  ashcthoujiht  hecould consistently  with  the  intcrestsol  this 
[  li'j  country.  Jle  isespecially  not  *nowprepare<l  to  autlKui/eany  stii>u- 
lations  invohin;;'  a  session  of  territory  belon^iin.n'  to  any  State  in 
the  Cnion.  (»r  the  abandonment,  expressor  implied,  of  the  ri^lit  to  navi- 
;;ate  the  St.  bawrence,  or  the  surrender  of  any  territory  south  of  latitude 
forty-nine  on  the  northwi'st  coast."'  *  *  *  *  "11.  The 
l'resi<leiit  cannot  consent  that  the  boiiiidary  between  the  territories  of 
the  tw(t  powers  on  the  Northwest  Coast  should  lie  south  of  forty-nine. 
The  liiitish  (lovcrnmeiit  has  not  been  committed  by  a  positive  reiection 
(»f  a  line  on  th('i»arallel  of  forty-nine:  but  if  it  had  been,  its  i>ride  may 
take  refuse  in  the  olfer  which,  tor  the  lirst  time,  yon  are  to  i»ropose,  of 
a  ri;;ht  in  common  with  us  to  the  naviuation  of  the  Columbia  Kiver. 
There  is  no  objection  to  an  extension  of  the  time  to  be  allowe<l  to  Ibitish 
settlers  to  remove  from  south  of  forty-nine  to  a  ]»eriod  of  tifteeii  years  if 
you  should  tlnd  that  it  would  facilitate  an  ariaiini'meat." 


No.  10. 


|),  182G. 
I  latitude 
n  the  ter- 
i.st  of  the 
that  stip- 
alons  the 
iuft'  them- 
ted  States 
m  promise 


Mr.  <i(tll<(fin  to  Mr.  Cliii/. 

London,  XorcmJn'r  Uo,  bsjo. 

SiK :  *  •  *  •  •  *  * 

The  latter  part  of  our  conversation  was  of  a  more  conciliatory  nature. 
Mr.  lliiskisson  said  that  it  would  be  lamentable  that,  in  this  a^ic,  two 
such  nations  as  the  United  States  and  (ireat  IJritain  should  be  drawu 
to  a  rupture  on  such  a  subject  as  the  uncultivated  wilds  of 
the  Northwest  Coast,  ibit  the  honor  and  di<j;nity  of  both  iM.^iI.llm'.imiTvu.'., 
countries  must  be  respe<'ted,  and  the  mutual  convenience  of  """'' 


TT 


\   I 


i>f; 


NORTIIW  KST    WATKIi    HOrNDAIlY    AUIUTHATION. 


both  parties  .should  also  bo  coiisiiltnl.  Jle  th«Mi  objected  to  tlic  strai;»'ht 
brie  which  we  proposed,  as  haviiiji,'  no  ie;;ard  to  such  convenience,  and 
ol)served  particularly  that  its  cuttinyoll' tiie  soutliern  portion  ol'C^uucba 
and  \'ancouver"s  Island,  (that  on  whi«;li  Xootka  Soiiiul  is  situated)  was 
•  |uit(^  inadniissihlc.  I  told  him  that,  takini-oidy  coincnience  into  con- 
sideration, their  proposal  was  lai' more  objectionable.         »  #  « 

AMSKIIT  CVM-ATLS. 
I  Jon.  ilKNUv  Clan  . 

Srcnhtn/  o/'  tStdlc.  . 


fi 


i;5j 


*X().   II. 


Mr.  HaJUtl'm  to  Mr.  Chn/. 


LdNDON.  Ihromhvv  L*,  182(5. 
i^fP .  #  *  *  *  #  ♦■  #  ♦ 

j\lr.  JlusUisson  then  asked  my  whether  I  was  authorized  to  deviates 
from  the  (brty-ninth  i>aralh'l  of  iatituch',  as  a  boundary.  I 
wl'j.  V..' «.''i,'',m'-  (b(l  n()t  think  that  he  had  any  ri^ht  to  ask  the  (jui'stion  ; 
»(vT/r\nr...illmll.',','t  but,  as  it  was  only  from  courtesy,  and  to  avoid,  at  the  oi)en- 
in<;'  ot  the  iK'^otnition,  <'\i>r(!ssions  at  all  savorinj;  ol  luirsh- 
iicss,  that  I  had  used  the  words  "  whilst  insistinj.^  on  tln^  forty-ninth 
de^jree,''  instead  of  tlie  word  "  uitimatuni;"'  and  as,  in  fact,  the  LTnited 
►States  had  nothin*;  to  conceal,  I  answeretl  the  question  :  To  the  forty- 
ninth  i)arallel  of  latitude  the  United  States  would  adhere  as  a  I)asis. 
If,  on  account  of  the  ffeof^raplncal  features  of  the  country,  a  deviation 
founded  on  mutual  convenience  was  foiiiul  e.\'[»edient,  a  proi)osal  to  that 
etfect  might  be  entertained,  ])rovided  it  was  consistent  with  that  basis  ; 
that  is  to  .say,  that  any  (bniatiou  in  one  phu.'e  to  the  south  of  the  forty- 
ninth  parallel  should  be  compensated  by  an  equivalent  in  another  place 
to  the  north  of  that  ])arallel.  I  must  observe  that  what  1  had  in  view 
Avas  the  exchange  of  the  southern  extremity  of  Nootka's  Island, 
(Quadra  and  \'ancouver"s,)  which  the  forty-nintli  parallel  cuts  in  an  in- 
convenient manner,  Ibr  the  whole  or  part  of  the  upper  branches  of  the 
Columbia  IJiver  north  of  that  itarallel. 


Aid'.HRT  (lAId.ATIX. 


lb>n.  llr.NRY  Clav, 


tSirretarif  of  )S((tl(\ 


m 


No.  12. 
Extract  from  Vaiwouvers  "  Voyaije,'^  rol.  1,  page  312. 


'*As  we  were  rowing,  on   Friday  morning,  [June  22,  17!)2,|  for  Point 
?i,hi,h -Mpinr.,,  ^Irey,       #        #         *     we  di.scovered  two  vessels  at  anchor 
'""""'"'^""""""-  under  the  land.    *        #        *    The.se  vessels  proved  to  be  a 
detachment  from  the  commission  of  Seuor  Melaspina,  who  was  himself 
employed  in  the  Philipi)ine  Islands;  that  Sefior  Melaspina  )iad,  the  pre- 
ceding year,  vi.sited  the  coast;  aiul  that  these  vessels,  His  Catli 
[14]      *olic  Majesty's  brig  the  Sutil,  under  the  command  of  Seilor  Don 
D.  Galiano,  with  the  schooner  Mexicaua,  commanded  by  Seuor Dou 


MKMOKIAL    OF    IIIK    rNITF.D    STATES APPENDIX. 


27 


of  <^iia<li.i 
latcil,)  was 

I'  into  roll- 

#  •» 

LATIN. 


i\  Valilt"*.  Itoth  captains  of  frijiati-s  in  tin'  Spanish  navy,  had  saih'd 
from  A<'a(»'''<'<' "*"  tln'Sth  of  March,  in  onh'r  to  prosct-ntc  discoveries  on 
this  coast,  kScfnn'  (iaiiano,  who  spoke  a  little  ICnylish,  infoiinetl  ine 
that  they  had  arrived  at  Noolka  on  the  11th  o^'  Apiil,  from  whence  they 
had  sailed  on  th«>  rtth  «)f  this  month,  in  oidei'  t(»  complete  the  <-\amiini- 
tion  of  this  inlet,  whu-h  had,  in  the  precedinji'  year,  been  paitly  snr- 
^('ve(l  by  som«'  Spanish  olliceis  whose  chart  they  prodnced. 

'"'  I  cannot  avoid  a«'knowledj;in,'j;'  tliat,on  this  occasion,  I  experienced  no 
small  dcfiiee  of  nntrtilication  in  lindinj;  the  e\t<'rnal  slM»res  of  the  ;;nli»h 
had  been  visited  and  alrcinly  «'\aniined  a  U'w  miles  beyond  w  heic  my 
reseai'chcs  dnrin;;  the  excursion  had  extended."         *  .  »  « 


2,  ks-m;. 

#  ♦ 

to  deviat*' 
mdary,      I 

(inestion  ; 
t  the  oi)en- 
<;  of  havsh- 
forty-ninth 
th(>  LTnited 
)  the  forty- 
US  a  basis. 
i  deviatu)ii 
>sal  to  that 
that  basis ; 

the  forty- 
)thcr  place 
id  in  view 
I's  Island. 
s  in  an  in- 

lies  of  the 

.LATIX. 


for  I'oint 
s  at  anchor 
ved  to  be  a 

as  himself 
id,  the  pro- 

llisCath 
Sefior  Don 

SenorDou 


No.  i;!. 

Mr.  Krcnit  to  Mr.   Wrhstrr. 

l.dMioN,  Orlnhn-  1!»,  1S|L». 

o.p.  *  ■»-  *  *  ■♦  *  # 

Lord  Al»erdeen,  in  the  conlerence  w  liieh  ensued  after  the  exclianj;e  of 
the  ratilicatious,  ol)seived  that  his  only  sul)iect  of  rej^rct  in 
coTUiection  with  tin'  treatv  was,  that  the  bouudarv  between  ..-i.''.  ...V,.V|.M'l„'•' 
the  two  conntrH\s  on   the  Tacihc  ( )c<'an   had   not  been  ]U()- 
vided  for:  and  exiiressed  a  slronj;  wish  that  I  niiiiht  leceive  instructions 
on  that  subject.  *  *  *  '      *  *  # 

KDWAIJD   KVI'.b'KTT. 
Danikf-  Wi:ijstki{,  lOsq., 

ISv<rt'f(irij  »;/'  Sfdic. 


'•'] 


*No.  It. 
Mr.  J-Jnirtt  to  Mr.   Wth.slir. 


London.  XorcDilm-  is.  1812. 


Sik: 


■''lit   • 

On  arriviu;:;at  the  Forei>in  Ofiice  I  \\:is  told  that  liord  Al)erdeeu  wished 
to  see  nie,  and  was  conducted  to  his  loom.  ile  infornu'd  t  ri  Ab«rHP<.n 
Mie  that  he  wished  to  read  me  a  copy  of  a  despatch  which  ,^;T,,\.'T,.m;'',''i',>''>' 
he  had  addressed  to  Mr.  Fox,  directinji'  him  to  make  known  ^-  '""•■'••|'> 
to  the  President  the  stronj;'  desire  of  Her  Majesty's  {government  to  en- 
j;a};i ,  V  ithouc  delay,  in  a  ne>;-otia1ion  for  the  settlenu'ut  of  the  bi-undary 
between  the  two  countries  on  the  raciti<' ()c«'an,  and  his  wish  that  in- 
structions shonld  be  sent  to  me  for  that  i)niiM)se,  *  *  *  In 
the  conversation  which  ensued,  lu^  dwelt  with  ftieat  earnestn»'ss  on  the 
danjyer  to  the  j^ood  understanding'- between  tlu'  two  countries  so  happily 
established  by  the  treaty  of  Washington,  to  be  ap|>reheiided  from  leav- 
ing this  question  in  its  present  unsettled  state.        *  *  #  # 

KDWAKD  KVKKKTT. 

Daniel  Webster,  Escp, 

{^I'cn'tarif  of  State. 


28  NOirrHWKST    WATEU    I$0I  \It.\RV    AKISITUATION. 

N(».  IT). 
Mf,  F.i't'ntt  to  Mr.  ('jisliiir. 

[('()liliilciiti:il.  ] 

•  LoMxiX.  Ainnist  17,  181.'!. 

Dr.Ai:  Sii;  .#*#** 
NVlu'ii  l.oid  ^Mn'itlrcn  spol^cof  iiistnictiii;^  Mr.  I'dxoii  tlicOro.^oii  <|U('s- 
Mr. F.v,M.u tinnk.  tluii,  lic  juMimI  ill!  «' \ ] »r('ssi( )i I  (tt  lils  n'urct  that  the  iic^utiii- 
h'rb.".7"l';rl'' I'.ui ',1  tioii  sliouhl  liill  iiitoliis  hands,     lie  has  on  many  occasions 
\v,i.ii,t.«i..,,  expressed  a  wish  tliat  I  shouhl  Im-  chaii^cd  with  ihc  negotia- 

tion. Could  1  hope  to  biinj;'  it  to  a  suceesslnl  issue,  it  would  ol'  i-ourse 
bt^  very  ajiTceable :  but  it  seems  to  me  out  ol"  the  (juestion  ti>  eaiTV  ou 
sucli  a  ne.yotiatiou  anywhere  but  al  W.i.sluniitou. 

KDWAi.'i)  k\i:im:tt. 

lion.  A.  1*.  ri'siin;. 


i  I 


1(>J 


*Xo.  !•;. 


Mr.  CjisItKr  fi>  Mr.  Errrttt. 


Dl'.l'Ai:  I  Ali'NT  <ii    Statk, 

Wasliiiigloii,  Ovtolnr  !»,  lSI-'>. 

SiK  :  The  i're.Nith'nt  ilirccts  th  n  \oii  take  an  early  occasictu  to  brini; 
F,,ii  |...,,,.,,  ,„■.  ayain  to  tlu'  attention  of  llei-  Majesty's  jn»)veninM>nt  the 
vi''n.«.^«Ii.  i.M Vh.'  sultject  t)t"  the  claims  of  the  f  vo  countries  I'espectisely  te 
.>r.,,.„i„M„„b,>.'  theterrilory  west  of  the  llorky  Mountains.  Tiu-  dillicuiti<'< 
vhich  the  conllictinn'  ehiimsof  b'ussia  to  a  imrtion  of  tids  ter'.itory  ha,\r 
lu'retofore  interposed,  are  now  happily  iemo\ed  liy  tlu  treaty  of  April. 
ISi'l.  which  detincs  the  limits  withii'  which  lliat  power  e.ii^a.u'es  to  re 
stiict  its  setlienu'Ut;  so  tliat  the  (piesrions  now  to  be  settled  rest  exclu 
sively  bc^tween  (ireat  Uritain  and  tlu^  I '..ited  States.         *  * 

The  oll'ei' of  tiu'  ,'brty-nintli   pai'alici  of  latituile,  allliouuh  it  has  onc<' 
been  rejectcil,  u>ay  be  a,nain  tcnd.'ird,  |o'_;.'(lier  with    (he   ri.ulit  of  iia\  i 
;;atin<;'  tiu' < 'olumliia  upon  eijuitaliie  terms.     r>i'yond  this  the  TresidfU' 
is  n(>t  iH'W  prepaied  to  .u(».  *  '  *  ' 

You  will  \ecei\('  heiewilh  the  necessary  p(»wers  to  nc;4otii''e  upon  th'' 
subject,      if.  ho\\e\'er,  the  Ibitish  i;it\  ei  iimcat    i»;efcrs  that  ti.i'  ne^ioti.) 
ti«ui  shall  be  comluetcd   in  Washini^'tou,  thai  arranycnu'Ut  wdl    be  pei 
IVctly  agreeable  to  the  rresideni. 


A.  I',  rrsiiri; 


Kdw.vwi)  1]vi;i;ktt,  \ls(\. 


No.  17. 
Mr.  Er.ntf  to  M,.  fjiJun: 


[C'«lllill.lili;(I.J 


K(»MU)\,  Xurcnihrr  '2,  ISi; 


Silt :   Dy  the  steamer  of  the  Idth  October. 


ad  ^!ie  honor  to  receive 


» f  II »■  It iiti tiiiii 


iiiHton. 


your  (U'sp.ileh  No.  (!".',  iuclosiuj;  ji  lull  power  frou)  the  I'res- 
Awi"  ident  to  treat  with  this  jioviTuuieiit  for  the  atlpistmeiit  e( 
tile  Ori'jrou  boundar\,  and  eontainiiifr  vour  instructi.>ns  or    ^ 


tUiit  siibjeel".     J  lost  no  time  in  a]>plyiuj4  foi  an  interview  with  lioivi  Abe 


MHMOKIAr.    OF    Tlli".    IMTHD    STATKS AIM'HNDIX. 


20 


17,  181;  J. 


ro^on  f|Uos- 

lic  iicj^utiii- 

V  occasions 

he  iM'^otia- 

l  ui'  (nurse 

()  ciiiry  o\i 

« 

i:im:tt. 

(ItHMi,  niul  s;i\v  him  tiic  iiist  (iay  of  his  rctnni  to  town.  On  ;<it|)iis- 
[flT!  iiiy  ^hiin  ot' tiii' tlispositinn  (»tth(  I'rcsiiJcni  to  ojK'n  a  negotiation 
^  on'^thi.s  subject  at  London,  Lord  Alitiiieen  inloinied  iiie  that  such 
'an  ariani^cnHMit  wouhl  hn\c  lu  en  altop't!!'.'!-  a.i;)ceal)le,  to  him  if  some- 
\vliat  earlier  made,  and  reminded  me  tlnit  i;e  had  very  otteii,  in  the 
[course  of  the  last  winter,  expressed  the  wisli  that  th(>  I'resid  .d  would 
'aiitlioiize  nic  to  ti'ent  on  the  sni';"et.     Jle  had,  ho'.\ever.  lately  otme  to 

I  a  conchision  an().  taivcn  a  step  tliat  made  it  m'ce.-^sary  to  treat  u])on  tln^ 
sultject  at  Washinfi'ton :  thiswas  therecall  of  Mr.  Fox  ami  theai)pointment 
of  a  snecessor.  -Vmoiiji'  the  .mounds  for  ado])tin,u'  this  measure,  was  the 
belief  that  tiiere  woulii  be  d'('ide<l  ad\anta^-e  iu  puttiui;' the  manage- 
ment of  this  subject  into  now  hands,  and  consequeidly  that  had  been 
and  wonhl  be  assi^^ned  as  a  leading- reason  for  the  coidemplated  ehanjic. 
This  eiMirse,  he  said,  Imd  not  been  resolved  upon  till  they  had  eidirely 
I j'i\('ii  n[)  tht' ('xpe('tatioii  that  1  sh()uhl  be  authorized  to  treat  (.n  this 
snltject. 

♦  #  #  *  *  ♦  # 

EDWAKi)  i:vi:i{i:tt. 

A.  I'.  ri'siiiK.  Ks(|., 

ISicrrlarji  of  State. 


!■)■:, 

>••»,  1S1;5. 

Ill  to  briiiu 
I'liniellt  the 
|)ectl\t'ly  to 
'  ditheultit'N 
I'vitory  ha\  r 
of  AjMil. 
H'cs   to  re 

rest  exclii- 

« 

it   hiis  oner 
It  of  lia\  i 
rresideiit 

'  upon  llie 
).i'-  iiegoti.i- 
ill    be   pel 

I'siiri;. 


•J,  i8i;i. 

|(»  reeeivt 
I  the  I'res 
isiment  oi 
uctions  or 
i.ui'l  Abcr 


'i 


1  lion.  A.  !'.  ri'siifi; 


No.  IS. 
Mr.  KrcrHt  to  Mr.  I'p.shur. 

I  I'r'n  :il('  iuid  iKiiliili'iitial.] 

London,  Xomnhtr  I  L  ISI,".. 


"     Ml.'     iMiilkl    i>r 


!  had  a  loiiif  and,  upon  tlie  w  hob  .  (piite  a  satisfactory  con- 
versation with  Lord  Aber^leen  at  his  dwellim:- house  on  the 
ilrh  instant.  He  was  on  a  \isit  to  Windsor  Castle,  from 
which  IieMrot'iiie  a  note  reipiestin^-  me  lo  call  upon  him  at  Aruyli 
Ilonse  (histown  residence. )  and  I  believe  he  came  to  London  prim'ipally 
for  tile  i»nipose  of  IntldiiiLi  tliis  iiiter\  iew.  lie  returned  to  the  castle  to 
dinner,  lie  told  me  that  he  had  com  mini  ica  ted  to  .Mr.  Fox,  by  the  steam*  r 
of  tiic   Itli,  that   his   successor  was  appoinied.     *  *     He  then  led 

the  way  to  ii  free  and  ih-sultoiy  biif  <ieneral  and  c(»mprehensive  coip  t-r- 
s, I  tit  in  oil  the(  >re.uoii  tpicNtioii.  o!)sei\  iiit;'  in  the  outset  that  it  was  chielly 
in  the  hope  of  putlin.u  this  tpiest ion  in   a   t'a\oral>ie  train  of  a<liiistmeiir 

that  .Mr.  Imix  had  been  recalled  ami  .Mr.  I'akeiiham  appointed,     * 
jl"^]      *  *     Lord  Aberdeen  assented  also  *t<t  m,\  remark  that  the 

nniiieioiis  stations  which  th.'  Iludsoii's  l>a.\  ('ompany  had  estab- 
lished south  of  the  fortyiiiiith  decree,  ot  north  latitude  sine  ■  the  year 
1>>1S,  tlioii^^h  they  nii.uht  and  nmpiestioiiably  would  emliarrass  the  lb  itish 
liOM'iiiiiieiit  ill  reference  to  that  comp:'.i!y,  and  tiiroiii;li  them  in  refer- 
ence to  public  opinion,  oiiuhf  not  to  prcjudici'  the  claims  of  the  I'nited 
States,  This  I  think  a  \ery  important  point,  to  be  liiiidy  kept  in  view. 
*  III  oUenn^j;  tlie  loi  tyniiith  de;iree  of  lalit  iide  as  the 
I'oirndatA  wemak  'a  \«'ry  fail',  etpii table,  and  liberal  olVer,  an  offer  founded 
the  (ib\  ioii>  and  natnial  principles  of  distiiliulion  •  "hilethey,  in  rc- 
ii;,:  thi-;  <i|fei  and  iiisis'iiij;  on   the  ('oliiinl>ia  Kixcr,  proceed  upon   no 


o!l 


ilSI 


such    principle,  but  simpl\  insist    upon  a   l»oiiiidar\  very  favorable   to 
theiiisehcs.      Our  oHer.  I    said.  I'loceeded  on   the  old  [>rinciple  of  the 


J\ 


30 


NOKTlfWKST    VVATKR    nor.NUARY    AKUmJATIOX. 


En<:(li.sh  (tliartors  of  rumiiiij''  noithcni  and  sontlicni  bouiulaiics  IVoin  s<\i 
to  .sea.  It'  it  be  ohjci'ted  by  liOi'd  A.  (as  it  was)  that  liiu's  of  latititdt- 
were  arbitrary  fi"d  ini^lit  b«',  very  unnatural  and  ineonsfnient  bounda 
rie.s,  I  toUl  him  that  tins  cirennistance  was  as  likely  to  be  in  their  favoi 
as  ours;  that  lines  of  latitude  had  theadvanta;ne  that  they  eould  alwa\s 
be  a.seertained  by  men  of  science  ;  and  tliat,  in  point  of  fact,  the  forty- 
ninth  dej^ree,  had  proved  a  very  Cijnvenient  line  for  l.iKKhniles.  In  fact 
the  part  of  the  boundary  runninji"  on  the  jtarallel  is  the  only  [tart  in  rel 
erenee  to  which  no  controversy  lias  arisen  or  is  to  I)e  feared.  Another 
natural  and  obvious  principle,  I  ol>serve<l,  connected  with  this,  but  not 
identical,  was  the  extension  of  conti};uons  tei-ritory.     *  #  * 

This  train  of  remark  produced  an  ob\ious  elfect  u|)on  Lord  .Vberdeeii. 
and  after  makinj;'  some  in<{niry  as  to  the  course  whicli  things  would 
probably  take  in  Congress  duriuu  the  approaciuiiin  session,  in  refeiencc 
to  this  subject,  and  e\p!('ssin,L;  a  stron;;  hope  that  no  step  would  lif 
taken  by  either  lloir-^t'  to  embairass  the  two  ;i-overnments  in  the  nej^o 

tiation,  lu'  said,  il'  this  can  be  avoided,  "  I  <h»  not  think  s\- 
iiMuk.iii.Mf.  wdinoi  shall  hu\r  uuirh  (li!nrintv;  and  tins  umikuk  Iu*  repealed. 
m»rtii.nsHM  h,H,.,    As  not  a  syllable  le.l    Irom  nu'  authon/anj;' the  expe<!tatioii 

that  the  I'tiited  S;;ites  would  be  induced  to  run  tin-  liiif 
below  the  forty  ninth  de.u'.e; ,  I  considered  that  renuirk,  twice  made, 
coupled  with  the  tenor  of  my  own  observation  «)n  tiu'  ri'asonabk'Uess  ot 
that  boundary,  as  anth<u  i/.ini;  the  inference  that  Mr.  Pakenham  wcudd  1m 
instiuclt'd  to  assent  to  it.  The  main  ditliculty  in  the  way  of  this  will  If 
that  the  forty-ninth  dej;rec.  has  twice  i»een  otVered  by  the  rnileil 
|l!t|       Stati's,  (>!■  ratlier  thrice,  and  declined  by  Eujiland.     Lord  *Aber 

(U'cn  <tii  former  oi-casions  has  adndtted  as  much.  To  mee; 
...'.'I  .iM,V""i.flr^  tins  difliculiy,  it  nmy  deserve  the  President's  consideration 
|;;;;V';;"',1i',,,r'i'ii''  ^vhether  h<-  would  not  ayi'i'e  to  uIm'  u|>  the  southern  e.\ 
vV//um"ri"i!m!i'.'   "'  treuuty  ol  (>»uadra  and  \ancou\er's  Island  (wliich  the  foil, v 

ninth  dejirec  would  lease  within  our  boundary )  on  condiiioii 
that  the  eutramt' of  the  straits  (»f  .Iiiaii  <le  I'uca  should  at  all  times  h. 
left  i)pen  ami  tree  to  the  I'liited  ."Stales,  with  a  lr«'e  naviji.ition  betWiMii 

.t.'l  l_lil  -1  I  I  .•  .1...I  .1  w 


that  island  and  the  main  land,  ami  a  free  outlet  to  the  mitli. 

If  there  is  any  ri'lian<-e  in  appear.ince  and  professions.  Mr.  rakenha 
will  j;o  to  America  with  the  Itest  fe.-lin^s  In!  an  liouoial>le  adjust meiii 
the  matter  in  discussiiui. 

i:i>\vAKi)  i:\i:im:tt. 


Ill 


v 


..  i!». 


Mr.  L'rcntt  U,   M,.  I'lishur. 


[l'.)iiliilciiti>il.] 


L'>M>ux.  Ih'ct mhtr  'J,  isp 


'•>lli  :    I  had  a  lull;;  and   impoitant   conveisation   with   Fiord   Aberdeei 
on  the.  -".Mil  ultinn>,  which  1  now  lie;;  leave  to  report  to  yen 


Ml.      Km  nil    .11. 
I.iii.l    »ii..ril...'ii    iIm 


conhdentially  lor  the  infornuition  of  the  I'resitlent. 

I  ha\e  oliser\ ed  to  \ou  in  a  fornu'r  communicaiiou  that, 
thouj-h  the  nej4;<»tiati<m  n-lative  to  tlu'  Ore,t;(»n  boundary  had,  in  consc 
<piem'e  of  the  recall  of  Mr.  l'\t\  and  the  appointment  of  Mr.  I'akenha:ii. 
Iteen  transferred  to  Washington.  I  shoiihl  use  my  inst  elVorfs  to  |»rodinc 
such  an  impression  <m  Lord  Aberdeen's  ndn«l,  as  to  the  prominent  pointstii 
the  question,  as  nuj-lit  have  a  favorable  in  liiu-nce  in  the  i)reparalionuf  t!i'' 


MKMOKIAL    OF    THE    UMTKD    STATES APPENDIX. 


n 


'S  from  sea 
of  latitudf 
nt  bouiidii 
tlu'ir  fiivu! 
uld  al\\a\s 
,  tlu'  forty- 
's. In  fact 
Itart  ill  rel 
Anothci 

lis,  hut  uiit 

#  * 

.VluMdcoii. 
liiij^s  wouM 
u  refuroiici' 
|)  won  hi  Itt' 
II  tlu^  iiepo 
i)t  tliink  \V'> 
('  i'('|U'at(Ml, 
i'xp«'('lati<"ii 
in  lh«'.  liiM' 
wicc  iiiadf, 
lahU'iicss  (It 
nil  would  1m 

this  will  !»■ 

Lln'  riiit(»l 
.Old  *Aln'i 
1.  To  iiwf; 
msidt'iatioii 
[oiitlicrii  ex 
1  tlif  I'oitv 

II  coiidilioii 
linu's  1m 

(III   llt'tWl'ill 

raUciihaiii 

llStllU'Ill     (M 

i:iii:tt. 


in.stniction.s  to  be  given  to  Mr.  rakoiihani.  AVith  tliist'iid  in  viow  I  liad, 
foriiiorintervie\v,asl  liavealroady  infornu'dyon,  jjoiu'ovtirtln'fjronnd 


111  a 

S  srciH 


/  li,  isi;. 

Altcidfi 
port  lo  y< 
lit. 

■aiioii  t1i;n. 
d.  ill  coiisi 
I'alicniiirii. 

t«)  product 
'lit  poiiit.>«ii 
alioiiot  1' 


rally  in  support  of  our  claim,  i^articiilarly  urj^iii}^',  and  as  I  thought 
\\ith  sonic  clVcct,  the  reasonableness  of  the  terms  on  \vhi<'li  the  United 
States  have  uniformly  olfcrcd  to  adjust  the  boundary.  Jn  my  interview 
with  Lord  Abcrdi'cn  on  the  L'Utii  I  jmrsiicd  tlic  same  line  of  argument. 

I  lust  made  some  remarks  on  the  claim  of  the  United  States,  as 

L'Oi      the  i-epi:csentati\es  t)f  ►Spain,  to  an  (  xtensioii  on  tlu'  nortli*\vest- 

ciii  coast  of  America,  originally  indciinite,  and  limited  only  by 

the  ccdiipacts  wiih  Kussia,  to  which   Siiain  and   the  United  States  are 

parties. 

I'as.'^iiig  i'rom  this  topic  I  urged  witii  ail  the  force  in  my  power  the 
extreme  reasonableness  of  the  }u'oposal  of  the  Unite<l  States  to  run  the 
line  on  the  furtyiiinth  |»arallel  to  the  sea,  on  the  grininds  (»f  extension 
of  contiguous  territory;  of  giving  to  each  power  the  tract  due  west  <,»l 
its  acknowledged  territory:  and  on  the  ground  that  in  a  linal  appropria- 
tion of  ;;  region  at  jnt'sciit  unai»pr«»|ni;itcd  (assuming  tor  the  sake  of 
argument  that  Oregon  territory  is  in  that  conditi<m)  that  the  I'nited 
States  ('(itainly  were  eiititletl,  besides  their  <»\\n  share,  to  two  other 
snares,  in  the  right  of  fiuiice  and  Spain,  whose  title  they  had  combined 
with  their  own.  *  *  *■  *  *  * 

Alter  considerable  discussion  of  these  points.  I,<ud  Abenh'cn  tinally 
said  tliJit  these  Mere  grounds  which,  in  the  main  result,  had  been  long 
aiio  taken  !>>  tlu'  Uniti'il  States,  and  reject«'d  l)y  laigland  ;  that  the 
question  was  tpiite  ditVereiit  trom  what  it  wtmld  have  been  if  now  pre- 
sented for  tile  lirst  time;  and  that  it  was  iiui»ossible  lor  the  iiresciit  niiii- 
istiy  to  accept  what  had  been  rejeeteil  in  ISL'l  and  ISl'ti;  that  they  did 
not  suppose  that  w«'.  any  niorc^  than  themselves,  ccuihl  now  agree  to  terms 
wiiicli  we  had  declined  tlu'ii;  and  that,  consecpiently,  tlier*'  must  be 
concession  on  both  sides;  thatthev  were  willinn  to  act  on  this  principle, 
and  that  we  iiiusf  ilo  the  same. 

I  regarded  this  obseix  atioii.  now  made  to  ine  for  the  lirst  time. 
ii!lhoii;^li  the  Oregon  boundary  since  my  resiih-nce  in  laigland  has  been 
the  sul»jcct  of  very  frefpient  con\  t'lsiition  lietwecn  Lord  Aberdeen  and 
inyselt.  as  very  important.  1  told  Lord  Aiterdceii  (hat  1  thought  it 
would  he  \«'ry  dllliciilt  for  tiic  Unitetl  States  to  maki'  any  modilicution 
ot'  their  tbriiicr  proposal,  ex<"ept  in  one  point,  whiili  I  did  certainly  regard 
as  \er\  important  to  laigland,  if  she  eiiteitained  any  \  lews  to  the  lutiiie 
^ettleiiieiit  of  the  country.  I  thought  the  I'residcnt  might  be  iiiducc»l 
so  far  to  dc|»art from  ilic  tbrty  ninin  parallel  as  to  leaNC  the  whoh'  of 
<juiidia  and  \'aiicoiiver"s  Island  to  I'higland,  wlwreas  that  line  of  latitude 
would  L^ive  us  the  southern  extremity  of  that  island,  and  c(Misc(|uently, 
tile  com  maud  of  the  stiaits  of  Luca  on  b(»;li  si<les.  If  the  country  is  to  be 
occupied  by  a  tiense  jtopulation,  as  there  is  no  reason  to  doubt  would  one 
ila\  he  the  ease,  this  wouhi  be  a  \  aiuable  conees.Nioii  to  Lngland,  without 
implying  a  great  saciilicc  on  our  part.  I  observetU  I  was  not  au- 
-i  tlioii/,cd  to  say  this  would  be  agreetl  to;  I  ciuild  tmly  *say  I 
tln>n;;ht  and  wished  it  might  Ite.  I  then  pointed  out  Mr  Kv.r..i  i,.,m. 
oil  a  map  tlie  cxteiil  ot  this  concessi«ui,  and  Lord  Aberdeen  'iiiVi'!'.'ii'"in'm''4ii''ih,'if 
^aid  lie  would  take  it  into  consideration.  v.,  f„i.r.i>iiimai.,. 

lie  then  asked  me  it  I  was  coiilident  ol  the  accuracy  of  the  s(at<'ment 
wliicl^  1  had  iiuuh'  relative  to  the  olfei  in  iS'Ji;.  un  the  part  of  (Jreat 
Ibitain,  to  give  us  a  port  vithiii  tlu-  stiaits  of  i'lica,  with  an  adjacent 
territory.  ♦  *  »  *  »  *  * 

I  accordingly  considered  Lis  in^juiry  to  [Mocei  d  from  some  anxiety  lest 


m 


;]2 


NOirniWKST    WATEK    nolNDAUV    AKIUTHATIOX. 


I  slumld  1)0  inistiikcn,  jind  ;i  wish  to  liiive  tlii'  fact  ostiiblislicd  that  th«\v 
liad  then  oH'cicd  lis  a  tciritoiy  iioith  <»!' ('oliiiiil)ia,  in  orth-r  iio\v  to  tiunl-  ^j 
iUifc  the  way  foi'  an  al)aii<huiiii('iit  of  tlic  Colimibia  as  the  l)t>uii<lary. 

I  may  bo  in  an  error  In  this  view  of  tiie  snbjeet;  but  it  is  tlio  result 
of  the  closest  <'onsi(hMation  I  have  been  alth'  to  yive  it.  that  the  i)reseiit 
iiovernnient,  thonjih  of  course  ih'terniined  not  ti>  make  any  discreditable 
sacrifices  of  wliat  tliey  consich-r  their  rights,  are  I'eally  willing  to  agrei' 
to  reasonabhi  t<'rnis  of  settlemi'iit.  #  ♦  #  * 

1  spoke  with  considerable  earnestness  in  reprol»ation  of  the  conduct  ot' 
the  Hudson's  IJay  Company  in  multiplying  and  pushing  their  posts  far 
to  th(!  south  of  the  Columbia,  and  said  I  trusteil  that  the  government 
would  uot  allow  itself  to  be.  embarrassed  by  this  circumstaiK'O.  Fair 
warning  ha<l  been  giveu  to  the  (.'omiiany  in  ISIS,  that  no  setthMuents 
after  that  dat«'  should  lucjudiee  the  rights  (»f  eitiier  party.  He  said  he 
did  not  consider  the  existence  of  th<»se  settlements  as  a  veiy  serious 
matter,  but  the  navigation  of  the  C(»luud)ia  was  a  serious  one.     *     *     ' 

KDWAKI)   K,Vi:ifl<:TT. 

A.  V.  Uvsmu.  Ks(|.,  fi'.jj 

ISecntari/ <>/ Stati; 


[Iiicliisiiic   15   t(i  llic  ahcivc,  I 


Mr.  Ercrrtt  to   Lord  Ahcnlreit. 


rPrivntc] 


i 


b!  CiKosVKNHU    I'l.ACK,  Xorrnihcr  'AH,  1S4;{. 
Mf.  K«..n...  ,.r,..      '^Iv  Df.aij  LuiM)  AnKin)i'j;\:  The  proposition  relative  to 
ZZrTdZ^ll'n.  ii  l>'>»'f  within  the  straits  of  Fuca  and  an  adjacent   tract  of 
'"'""•'  country  was  made  by  .Mr.  Huskissou  and  .Mr.  .Vddiugton  tu 

jiil'l       Mr.  (lallatiu.  on  the  1st  December,  ISi'i;,  and  will  *bc  found  re- 
corded in  the  protocol  of  the  third  confeience,  which  was  held  on 
that  day. 

It  appears  t'roiu  Mr.  (Jallatiu's  cfu'respondence  that  at  a  former  con 
ferenct-  Mr.  Iluskisson    had  especially  oltjecled   to  the  cxtiMision  of  the 
Ibrty  ninth  degree  to  the  Pacific,  on  the  ground  that  it  would  cut  off  the 
southern  extremity  of  <j>uailra  and  \'aiu'<»uver's  Island. 

My  suggestion  yesterday  woidd  ol)viate  this  object  ion.  1  ought,  how 
ever,  to  repeat,  in  thus  alluding  to  that  suggestion  in  writing,  that 
tiiough  it  wtudd  have  been  within  my  competfuce  to  prctpose  it,  (.siibjcrt 
to  the  ai)probation  of  my  (loverunu'ut,)  had  thf  negotiation  remained  in 
my  hamls.  it  would  have  been  so  only  undi-i'  the  general  aufhoiityte 
propose  and  receixc  terms  of  rompnunise.  The  suggestion  itself  is  not 
si»eciiically  alluded  to  in  my  instructions. 

A  glaiu'c  at  the  map  shows  its  importance  as  a  nu»dilication  of  the 
forty-iMiith  degree,  and  1  should  be  tiuly  rejoned  if,  in  r<'gardiug  it  ni 
that  light,  your  hudship  wouhl  permit  it  to  bccomu  the  basis  of  a  final 
settlement  of  this  serious  dilticulfv. 


The  1:ai!1.  (•]    .\ni;i;i>l'.J'.N.  dr..  (l-i 


KDW  AKl)  K\  .TnyiT, 


MILMOR 


1  tllilt  tllCV 
)\v  to  t'acil- 
niiKhiry. 
rlio  n'snlt 
:li('  present 
scriMlitahlf 

jg  to  ii;jfrei' 

♦ 

i  conduct  of 
r  jiosts  fill 
■ovcrnineiit 
iiico.  Fair 
-ietthMuents 
He  .said  lie 
eiy  serious 
e.  "^  *     *     * 


JO,  184:5. 

I  relative  to 
'lit  tract  ot 
l(liiij;tou  tti 
loiiiid  re- 
Aas  held  on 

|ti>riiu'r  eon- 

hJoii  of  the 

It  eiitolf  thf 

jm^iht,  ho\\ 
Iritiii.u.  tli;it 
it,  (Mlh/jeet 
|-eiiiaiiied  in 
jiilhority  te 
Itself  is  not 

litioii  of  the 

lirdiii^'  it  in 

s  of  a  liii;i' 


;i">TT 


Sir: 

The  priii('ii)le  o 


lAL 

OF 

Till-: 

rXITKI) 

STATKS- 

— AI'l'KNDIX. 

33 

Xo. 

20. 

.  Errrcft  t 

0  M) 

.  X< 

I. son. 

London,  April 

1, 

ISlt.                               ! 

# 

* 

*                     # 

• 

f  rumiiii"'  the 

forty 

iiiiit 

hde 

"■ree 

ttf  latitiidi^ 

<t   of  tiie  Jloek 


I...r.l    ,M..T.|..M,  r..n 
'Ml'. I'  \hr  ill-i  il-.-! 


^  to  the  sea  and  leaviii;,;'  to  eaeli  parry  west  oi  tlie  JcoelvV 
l^klouiitaiiis  the  eontiiiuatioii  ol  its  territory  east  was  in  all 
*f  other  respects  the  most  iiatural  ami  e(|uital)le  basis  of  settlement. 

I  had  on  previous  occasions  ])ursued  siil>staiitia!ly  tliis  line  of  aryii- 
-Imentwith  Lord  Aberdeen,  and  I  received  from  iiiin  now  the  same  answer 
■•to  it  as  foi'iiierly,  viz,  that  (Ireat  P.ritain  could  not  now  accept  terms 
::whieh  she  had  distinctly  refused  before;  that  he  felt  that  we  were  under 
l^the  same  necessity;  that  he  did  not  expe(;t  the  fnited  States  to  afjree 
[to  what  they  had  already  rejected ;  and  that  conse(pnMitly  it  must,  lie 
thought,  be  assumed  as  the  i)asis  (»f  negotiation  that  simiething 
ir23]      must  be  yielde<l  on  each  side.     To*this  I  replied,  that  thoiij^h  as 
a  .uenera!  priiicii»h^  of  ne;;otiation  under  such  circumstances  this 
^ini;;lit  be  admitted,  it  was  impossilile  to  leave  out  of  view  the  substan- 
tial character  of  the  former  propositions  on  either  side;  and  that  in 
Iproportion  as  he  (Lord  AI)erdeei')  should,  on  reconsideriii;^'  the  subject, 
|be  iiK-lined  to  think   that  the  olfer  formerly  made  by  the  Tnited  States 
to  continue  the  forty-ninth  parallel  to  the  sea  was  an  equitable  otter, 
and  one  founded  on  natural  and  reasonable  princii)les  of  adjustment,  he 
outiiit  to  l>e  satisfied  with  but  a  motlerate  departure  from  that  proposal; 
l»articularly  if  such  a  mo<lilicatiiui,  without  involving  a  jjfreat  sacriticc  to 
us,  were  eminently  advanta^ieous  to  them.     In  fact  such  a  modifnration 
was  the  only  one  which   the    United   States  coiihl,   in   my  opinion,  be 
bioii^'ht  toa;;ree  to.     The  modification  which  I  had  formerly  sn^^csted, 
I  viz,  that  the  Tiiited  States  would  waive  their  claim  to  the  southern 
I  extremity  of  (Jiiadra  and  Vancouver's  island,  which  would  be  cut  olf  by 
;|tlie  forty-ninth  degree  of  latitmle,  was  precisely  of  this  kind. 
#      It  could  be  of  no  great  imj)ortance  to  us  to  hoh'   the  southern  ex- 
■^  tremity  of  an  island  of  which   the  main   i)ortion  belonged  to  lOiighind' 
;|  while  the  entire  possession  of  the  island,  and  conse<pu'ntly  the  free 
1  entrance  of  the  Straits  of  l-'uca,  wonld  be  a  very  important  obje(!t  to 
I  Great  Britain.    I  repeated  what  I  had  often  oi)served  before,  that  I  had 
no  authority  to  say  that  this  nioditication  would  be  agreed  to  by  the 
United  States,  but  that  I  thought  it  might. 

Ijiird  Al)erdeen  did  not  <;ommit  himself  on   the  point,  whether  or  not 

jthis  ])roposal,  if  nnide  by  the  (loverninent  ot  the  United  States,  would 

he  accepted.     He  however  stated  (as  1   undeistood   him)  that  he  had 

jcansed  a  map  to  be  (colored  as  I  suggested;  that  lu  was  <lesirous  to  go 

as  far  as  possible  for  the  sake  of  settling  the  controversy ;  that  Mr. 

il'akeiiham's  original  instructions  were  drawn  up  in  this  spirit;  and  that 

jsinct'  he  left  home,  lie  (Lord  Aberdeen)  ha<i  enlarged  his  discretionary 

h)owers.     I  confess  from  thes«'  facts,  viz,  that    Lord  Aberdeen  does  not 

[expect  us  to  agree  to  the  (Columbia  as  the  boundary,  not  even  with  the 

jjiddition  of  INnt  Discovery  and  an  adjacent  tract  of  country  within  the 

[Straits  of  Fiica (which  we  refused  in  \H'2Vt,)  that  he  has  never  negatived 

[the  idea  of  the  forty  uini!«  degree  with  the  suggested  nioditication;  that 

he  has  unitV/nnly  saiu  tliat  he  did  not  think  therl^  would  be  great 

[l-I]      dilliculty  ill  settling  the  question,  and  this  although  I*  have  ax 

uiiiforiiily  assured  Liiu  that,  iu   luy  opinion,  the  L'nited  States 


;jd 


34 


nouthwj:st  water  mocxdary  arhitration. 


wr  K>.  r.t  woiiM  not  stoj)  short  ol"  tlu'  VMU  (U'^ioc  cxi'cpt  in  tlic  point 
tir'i'am  'i'l'i  .'.',T,'I  above  stated  ;  I  draw  tlie  inference  Unit  tliis  i»r(»|>()Sid  woultl 
riM''!!'M,'I,.',-.,r '•'.''  ill  tlM'  last  res(»rt  lie  aeeejited.  I  am  satisticd  that  the  niin- 
"'-■'"""  istry  sincerely  wish  to  settle  the  controversy,  and  are  williiii; 

to  ft'o  as  far  as  their  views  of  consistency  and   the  national   honor  will 
pernnt  to  ell'cct  that  ohjeet. 

They  do  not,  thei'cfore,  I  inniyine,  niin-h  reyiet  the  a;iitation  of  tin' 
subject  in  the  I'nited  States,  and  are  willinj;'  we  slntnld  advance  a  claim 
to  the  r»l  '  10';  snch  a  c()uise  on  oni'  jtart  will  make  it  easier  foi  theni 
to  ag'ce  t(»  stop  at  lit'  .  '  *  :»  »  . 

HDWAIM)  KVKRKTT. 
John  Xki.s(»n,  I]s(|., 

Svfi-<t<irii  <>/  Stulr  ml  iiifi'iini. 


I'J 


gin. 


..I   Ml.  "n 


No.  I'l. 

Extrnct  of  (t  liclrrr  ihllrrrcd  hi/  Vr,  Will  lam  iStnrfiis  hrj'on'  flic  MirviDdilt 
l/thrnnj  AssociiiliiHt  of  Hostoii,  ■fitnii'irji  LIL'.  1>^I.">. 

♦        *        *        I  (U'cm  it  \('ry  desirable  that  the  (juestion  ot'  b(iundar\ 
should   Ite   speedily  adjusted,  an<l   that    the  limits  and   the 
rijihts  of  each   party  be  s((  clearly  established  and   delined 
as  to  ]»i<'vent  all  <lan}ier  of  collision  hereafter. 

In  this  opiiMon  I  doubt  not  that  the  distin^iiiished  statesmen,  Messrs. 
I'akenham  and  <'alh(»un,  who  now  have  char<:e  of  the  n<'^dtiation,  will 
cordially  concur ;  and  it  seems  to  aie  tlnit  each  party  will  ;.    ain  their 
object,  and  Justi<'e  be  done  to  both,  by  a<loptin<;'  as  the  boundary  a  <'on 
tinuatioii  of  the  parallel  of  -UK'  across  the  JNtcky  ^Mountains,  to  tide 
"water,    say   to   the   middle   of  the   (lulf  <d"  (leorjiia;    thence   by   tin 
northernmost  inivi;^'ab|e  passa;^-e(not  northof  10  )totheStraitsof  .luandf 
I'uca,  and  down  the  ndihlle  of  tho.s**  straits  to  the  I'acitic  Ocean;  the  inivi 
j;ation  of  the  (Julf  <»f  (leor<,iia  and  the  Straits  of  Juan  de  I^'ucii  to  be  for 
«'ver  tree  to  both  l)al•tie^ — all  the  islands  an«l  othei"  territory  lyini;  soutii 
and  east  of  this  line  to  belong  to  tlu^  Ijiiited  States,  an<l  all  north  and  west 

to  (Ireat  lUitain.     J>y  this  arran^iCiuent  we  should  yield  toCJre.r 
|l'oJ    *J'.ritain  the  i>ortion  of  (^Juadra  and  \'ancouver's  lslan<l  that  \\v< 

south  of  latitude  il»  ',  which,  in  a  territorial  i>oint  of  view,  is  ei 
too  little  importance  to  <leservc  a  moment's  consideration ;  and  both 
j)arties  wouhl  secure,  for  a  consi<lerable  extent,  ii  welldetined  mituriil 
Ixuindary,  about  which  there  could  herealter  be  no  doubt  or  dispute. 
\Vill  Cir<  at  JJritain  accede  to  this  J    1  think  she  will.     Up  to  the  close 
of  the  last  negotiation,  in  ISL'7,  the  free  inivigation  of  the  Colundiia 
was  declared  to  be  indispensable  to  (Ireat  Uritain,  by  the  ilritish  com 
missioners;   but  subsequent   developnuMits  will  probably  ren 'er  thf 
British  less  pertinacious  up(ui  this  point.     The  "'sumnniry"'  i)resented  hy 
the  commissioners  in  LS27  shows  that  tlie  Columbia  was  then  supposetl 
to  be  tho  most  convenient,  in  fact  the  oidy,  navij^able  ehanmd  of  (rom 
nmnication  betwcoii  the  ocean  and  inf»st  of  the  niimerous  establish 
ments  of  the  Hudson   liay  ConipuTiy,  west  of  the  Kocky  Mountains. 
Within  a  few  years  past,  however,  .several  rivers  of  considerable  majf- 
nitude  have  been  expl(>red  from  tlie  interior  to  the  seas  into  which  they 
empty,  luuth  of  latitude  1!>''.    These  are  '*  Frazer's  Kivcr,"  which  dis 
euibojjiies  about  that  parallel;  the  river  called  by  Ilarnioii  the  "  Nacli- 


if 
J 


\"i 


MK.MOKTAI.    OF    TIIK    IMTi:!)    STATKS AITKNDIX. 


35 


ill  tlic  poitit 

pOSill  NVOllltl 

lilt  llu'  mill- 
I  arc  willing 

ll(HI(»I'  Mill 

itidii   of  tilt' 
iiicc  ;i  claiiii 

cr  for  tlu'iii 

*  ' 

rHuiriT. 


« 


iiotfataiii."  in  iil»oiit  tlic  laliliuli' ."»■!'';  "Simpson's  IJivcr,"  a  little  noith 
of  latitadc  "m^  ;  iiml  "  Stickfiic  IJivcr."  in  .">.">-  oO',  All  tlicsf  would  Im 
witliiii  lilt'  Ui'ili-^li  t«'iritoi\.  oi' arc  so  situated  that  tlif  l!iitis|i,  hy  tlicir 
coiivciitioii  with  Iliissia,  would  havi'thc  riyht  of  iia\i.L;atiii;^- t  Im'Iii  :  and 
tht'V  wtaild  atlord  convciiiriit  coiiiiininicat ion  with  most  of  their  estah- 
lisliiiieiits  north  of  l!>  ;  and  if  this  ailjnstmeiit  should  he  made  they 
Avould  retain  none  south  of  that  line.  1  should  lie  rt-luetant  to  eedc;  to 
(ireat  IWitain  the  free  navi.u'ation  of  the  Coiiimliia,  for  there  are  seri(»us 
olijeetions  to  ji'iv  inu' to  any  nat  ion  the  unlimiteil  ii;i'ht  of  iisiiina  stream 
wiu'ic  it  tlows  wholly  throu;.;h  the  territories  of  allot  her.  I'or  olivioiis 
reasons  the  exereise  of  such  a  ri;;ht  must  eiidan;.;'''' ''n- hariiioiiy  and 
jicae*'  ot'  the  parties;  and,  espe<'ially  at  siieh  a  remote  point,  woiihl  he 
a  friiitfal  cause  of  ,iealou--y,  and  xcry  likel\  to  oceisinii  collision.  I'.iit 
(ireat  lliitaiii  will  not  relim|uish  the  ri;;lit  to  t  le  tree  navi;iat  ion  and 
use  ot"  the  St  liis  of  Jtiaii  de  l'"uca,  if  she  retains  the  territ«uy  north  of 
}!»  .  The  use  of  these  straits  would,  in  fact,  he  in<lispeiisalile  to  her, 
tor  through  them  is  the  only  c(Uiveiiieni  aeitess  to  a  eoiisiderahle  jxir- 
tion  of  thi<  territf'iy.  **#*»* 


(■  Mo  en II til; 


>t'  hoiindarv 
its  and  the 
and   detiiMMl 

lien,  Mes.srs. 
)tiati(Ui,  will 
;.     ain    tlieii 
idary  a  con- 
ins,  to  tide 
nee    l»y    tin- 
tsof  .Inandt' 
n:  the  na\i 
ra  to  be  for 
lyinj;  south 
til  and  wes! 
eld  to  (Irea 
ml  that  lies 
view,  is  el 
I ;  ami  botli 
lU'il  natural 
or  dispute, 
to  the  close 
ic  Colmnlii;! 
>iitisli  com 
icii  Icr  tlic 
resented  by 
■n  supposotl 
iiicl  of  <'<)II1- 
<  establisli- 
JNIouii  tains, 
ruble  nKifj- 
which  tlit'V 
'  which  dis 
the  *'  Nacli- 


[L'O! 


'N. 


Mr.   Knittf  to   Mr.  CaHioim. 


k-.   Ihit    111-   lili.- 

4>i    .    .iMik'iTp.l 
-"    :n     to    gni'      111" 

V*h'»l.'   m    \  :(lli'iiUVt' 


.1 


LoNDiiN.    lu  hrii'dif   _'S,    jSl,"). 

I  have  anticipatetl  in  .some  de;,'ree  another  i»oiiit  to  which  Lord  .\bei 
deeu  has  ^jivei'i  jiicat  i»romineiice  in  all  our  conversatiims,     „,    y,, ,.,,., 
\]/..  the  entire  impossibility   that    laijiland    should   accept 
terms  which  she  has  alieady  refused.     I  do  not  think  I  can 
he  mistaken  in  sayiii;;'  that,  unless  it  comes  in  the  form  of  ti'iyhT.''M'iM'r'p»r.y 
an  award,  she  will  never  a,t;ree  tt»  the  naked  ]U'oposition  of  •!! ••"•■' 
the  forty-ninth  de;;ree.     I  liave,  however,  a  pretty  eontideiit  belief  that 
she  would  accept  that  line  with  the  modilicatioii  alluded  to  in  my  dis- 
))atches  above  mentioned,  vi/.  the  southern  extremity  of  (^)uadra  and 
\aiic(Ui\ei's   Island,  th(Ui;;li  cut    oil'  by   the   fortyiiinth   parallel,  to  be 
theirs.     Lord    Aberdeen   lias   iie\er   told    me  they  would  a;;ree  to  this ; 
lint  1  am  still  of  tlu'  opinion  expressed  in  my  former  dispatches,  and  for 
the  reasons  therein  stated,  that    they  would  do  so,  and  I  am  conlideiit 
that  tills  i.s  the  best  Ixuindary  which  we  can  j^ct  by  ne;;otiation.     The 
concession  of  the  southern  end  of  the  island,  while  of  little  im|n)itanee 
to  us.  Would  be  a  ;;reat  boon  to  them,  as  j,dvin;i' them  a  passa^^c  llirou<^ii 
the  Straits  of  Fuca:  and  on  the  .ground  of  this  advantaj;e,  1   am  of 
opinion  that  tln'y  would  consider  themselves  justilied  in  ai'cedin^'  in 
other  respects  to  the  forty-ninth  de;;ree ;   but   if  the   expectation  pre- 
vails that  they  can  be  le<l  by  ne.i^otiation  to  a<i:ree  to  a  boundary  which 
we  sliouhl  re;,Mrd  as  more  fav*»rable  than  this,  I  am  contldent  that  ex- 
pectati(m  will  jirove  delusi\  e.     At  the  same  time  I  have  spared  no  pain.s 
to  iiiijuess  upon   Lord  Aberdeen's  mind  tin*  i)ersuasion  that  the  utmost 
wliicii  the  I'liited  Stat«'s  can  conce<le  is  the  fortyiiintli  parallel  with  the 
modilicatioii  sn^jf^ested,  takin;jf  caii^  always  toatld  that  I  had  no  author- 
ity for  savinj^  that  even  that  nioditlcation  woiihl  be  agreed  to.     »     •     # 

KDWAJJD  KVKIiETT. 

.John  C.  Caliioin,  E.sq., 

iSi'crctary  of  8t  'U'. 


\r^ 


3G  NORTH WKST    WAThU    I5(HM)AUY    ARIUTUATION. 

|i'7|  Ni..  L';5. 

Mr.  IJtrrttt  to  Mr,  ('(tUioitn. 

li<iM)(».\,  Miirrh  7,  1SI."». 

SlK:  *  *  *  *  *  *  * 

I  took  :iii  o|))»(ii'tU!iit.\  a  lew  days  siiic'  to  cxiilaiii  to  the  ('iniit*'  ilc  St. 
Aiilairt",  tilt' I'lt'iicii  niiltassador,  at,  his  i«'t|iU'.st,  tin;  iiiciitsol'  tin*  claiiii 
of  till'  L'liitcd  States,  and  tlir  prcsi'iit  state  of  tlic  controvcrsv.  I  liavf 
since  done  tin*  same  tliinn  in  <'(»n\ cisation  with  the  Chevalier  Jlinisen. 
tlie  Prussian  niiiii>ter,  who.  at  my  leeoinmendation,  has  maue  idinseit' 
ae«inaiMted  witii  .Mr.  (Ireenliow's  work. 

A  (hiy  or  twosinee  I  iiad  a  ;,foo(i  deal  of  conversation  with  I.ord  Ash- 
Iturtonon  the<>eneral  <|Uestion.  Knowin;;;  tliat  he  is  liahitnally  consult- 
ed hy  the  4io\ crnnient  on  American    sulijects,  I  tliou;>ht  it 

l.""l       A.I ,1...  .         •  .  ,  t         •  1    •  •         I  -..I 

tiuhk- ih-,.  «,ii  I...  ()t  some  importance  to  encU'avor  to  impress  his  mind  with 
II.  n.nun,  to  .„.  :„i-  llic  rcasoiia I Mciiess  ot  the  American  pri'tensioiis.  Jlavinj,' 
done  this,  1  stated  to  him  my  conlident  opinion  that  tlic 
(lovornmeiit  of  the  I'liited  States  would  never  accept  a  boundary  mate- 
rially less  favorable  than  the  forty  ninth  dejjree  of  latitude.  Jle  said  he 
4lid  Mot  think  there  would  be  much  ditliculty  in  coming  to  an  adjustment, 
un'.oss  steps  were  taken  on  our  side  w  hich  wore  the  appearance  of  deti- 
an/e  and  meiia(M>.  Any  sm;h  step  would  i>ut  it  out  of  the  power  of  I'^ng- 
land,  as  a  similar  step  on  her  part  would  put  it  out  of  the  power  of  the 
LTiiited  States,  to  coinpr»)mis('  on  any  terms.  I  attach  the  greater  im- 
portance to  the.se  remarks,  bei;au.se  Lord  Ashburton  lias  lately  conferreil 
with  Lord  Aberdeen  on  the  subject.  #  ♦  *  #  « 

KDWAKI)  HVLltiyiT. 
John  C.  Caliku  n,  Ksq,, 

tSirn-tary  of  IState. 


!L'!»i 


No.  L'L 

Mr.  Krtirtt  to  Mr.  CaUioim. 
I  Ciiiiriilt'iitial.] 

London,  .-lj»// li,  184.">. 

A  i»er.son   very  lii^h   in  the  eonlidi'iici'  of  the  government,  but  not 
belongiiig  to  it,  iiilbrmetl   me  a   ihiy  or  two   since 
pi i..'t  r.v"'i;- 1 '!.',"!;    1 28]      that  he  con*sidered  the  view  of  the  Uregoiique.stioii 
.,m'Mr'y'w"r...'r'!,'mi  1  atcly  (Icl i vcicd  on  the  subject  in  Jioston  by  Mr.  Wil- 

liam Stiirgis  asta'rand  candid. 


I  niultil. 


KI)WAin>  KVKKKTT. 


.loiiN  (.'.  Cm. HOI  N,  Ks(|., 

Stvrt'tary  of  Stote. 


MKMOKIAL    or    Tin:    IMTIin    STATKS AI'I'KNDIX. 


ol 


No.  2: 


IS  15. 


iti'  <lt'  St. 
tilt'  I'iiiiiii 
,  1  hiivc 
I'  llimst'ii, 
ic  liimsjelf 

Lord  Ash- 
y  consult- 
liou^ht  it 
niixl  with 

JIavinj,' 
that  tlic 
hny  mat*'- 
lie  saidht' 
Ijiistnient. 
cc  of  deii- 
er  of  Vluii- 
weiof.thi.' 
roator  iin- 
cDiifiMied 

*  •* 

:ui<:tt. 


I 


fjord  Ashhiiiion  to  Mr.  Sfurijis. 

London,  April  L*,  l.S4"». 

Sfk:  Vtmr  Icf'tmc  on  the  Orejjon  (|nestioM  reached  nie  hist  week,  and 
as  the  sultject  itself  interests  ine,  and  still  more  so  everythinfjconnecteil 
with  the  Kiaintenanee  of  peace  and  frieinlly  in'erconrse  between  our 
countries,  I  lost  no  time  in  reading'  it.  I  he^'  you  will  acee^it  my  very 
Itest  thaidis  for  your  oblisins"  attention.  Vonr  treatise  ena-  ,.„„,  A,M,.,r,.,n 
l>les  me  every  day  to  answer  satisfactorily  the  f|uestion  put  ;T,[;M..V:;/!h:'',:,'; 

to  nie  so  often,  where  is  the  Ore^^on  and  what  is  this  dispute  " ""••"•''• 

about  .'  Vou  have  stated  the  case  distinctly  in  a  few  pa.^cs,  and  what  is 
indeed  uncommon,  you  have  stated  it  with  j;reat  impartiality.  Your 
leaning'  is  perhaps  to  the  side  of  the  American  argument ;  but  if  those 
wlio  have  to  settle  the  subject  by  negotiation  treat  it  with  the  same 
fairness  and  camlor  you  have  done,  there  can  be  no  (hmj^'er  of  its  lead- 
in;j:  to  c()nse(|uences  which  all  honest  men  wouhl  deprecate.  I  have  per- 
sonally a  hijih  opinion  of  the  future  destinies  of  that  portion  of  the  coast 
of  the  Pacilic.  The  Xorthern  I'ac.-ilic  Ocean,  ami  in  the  course  of  time 
]ui)baltly  the  eastern  shores  of  Asia,  will  lind  their  masters  in  the  country 
north  of  California.  Ibit  1  have  a  very  low  oi)inion  of  any  interest 
either  your  country  or  mine  are  likely  to  have  in  any  division  of  the  ter- 
ritory. I'r(»m  the  monuMit  it  becomes  of  any  real  importance,  it  will  not 
l)c.  and  should  not  be,  governed  IVom  either  Washin^iton  or  from  We»it- 
miiistcr.  Vou  do  not,  uv  should  not  want  land,  and  we  certainly  do  not 
want  colonies,  and  least  of  all  such  as  would  beunmana;^eablefrom 
JL'!i;  tlicir  distance,  and  only  serve  to  (Mul)roil  us  with  our  *nei;ihbors. 
1  am  iu)t  without  a  wish  that  this  new  Pacillc,  repul)lic  sli<»uld  Ite 
founded  by  our  own  race,  which  witli  all  their  <lefe(.'ts,  are  likely  to 
spread  the  Itesf  desci'ipti<Mi  of  Christian  civili/,ati(»n  :  but  to  say  the 
tiiith,  1  care  little  whether  this  bedone  tVom  Old  Mnniand  directly,  ov 
iMteiiiieiliately  thi'ou.u'h  Xew  ICu.niaud.  What  I  <lo  care  about  is  that  W(^ 
sli(»uM  not  (luarrel  al>out  this  oraiiy  other  measure,  and  I  really  Iteiieve 
tliatwesliould  all  be  better  i»y  leaving- this  ([iii'stio;i  to  sii'cp  a;^Miu  I'or 
another  half  century. 

b'epeatin^i'  my  thanks  for  your  obli^inj,'  a; lention.  I  Iia\i'  the  lioniu-  to 
be,  sir.  vour  verv  obedient. 

ASlllUllTON. 

The  lion.  W'm.  .Si'CiJiii.^. 


i  r. 

r 


L',  ISlo. 


but   n(>t 

fwo   siui'c 

(piestion 

Mr.  Wil 

;ui:tt. 


No.  L'*;. 

* 

Mr.  J!itf(.<  to  Mr.  Stiir(/is. 

,  f  Strirlly  (•(iiirnlriiiial.  ] 

London,  ^fay  1,  ISI.'*. 
Mv  1>I",AU  Sii;:  I  wrote   von  some  weeks  since  to  thaidc  vou  for  the 


I  I    AI..T.i.-.-u 

lirniiiMllirf,  ^Ir.  <\UT' 
ti-*'*    I'  iriiptil.-l  I'l-.if 


pamphlets  you  were  so  kind  as  to  semi  m«.'  on  the  Oregtui 

t|uesti(»n.     .Since  the  <late  of  my  letter  the  few  (copies  of  your 

aildi'ess  sent  over  have  circulated  pretty  rapidly,  and  have 

heeu  read  by  all  the  ministers.  1  have  no  doubt.     1  now  inclose  you  an 

article  cut  from  the  I^\aminer  of  last  week.     It  was  written  by  my  frieiul 

Senior,  the  political  economist,  as  you  will  see,  with  your  paper  before 


38 


NOirniWKST    WATKR    IKHNDARV    AIJIUTK'ATION. 


Iiiiii.  Hr  sliowcd  it  to  iiic  hclorc  it  was  piintcd,  as  lio  fn-quciillv  ^l<)(■^i 
his  arficlt's  \\)V  ri'\  lows,  (I  suppose^  lor  tlic  jHiiposr  (if  <;cttiii.y  a  coiiiiiioii 
sriisc  opinion,)  and  I  advised  liini  to  send  it  to  Lo'd  AImmiUmmi,  uitli  a 
iu>ti>  to  say,  if  lie  found  an.vtliiii;;'  amiss  in  it  lliat  it  slionld  not  1m'  piih- 
lislu'd.  liOi'd  Alx'i'dccn  answcicd  that  it  was  all  ri;;ht,  ('xccjit  an  unini 
]»oitant  omission  in  n';;ai'd  to  tho  n('j;(»tiations  of  lSls_'li».  A  I'rw  (hi.v.<i 
since  Lord  Alicrdet'ii,  amon^'  others,  dined  with  Mr.  \'an   der  NN'eyer. 

Alter  dinner  Lord  Alterch-en  ( ame  to  me,  anil  talkinj:'  on  various 
|30|      matters,  j^ot  to  Anu'riea  antl  the  ( )re;;()n  *tpU'stion.     I  carefully 

avoide<l  leading;'  the  couNcisation,  but  he  seenu'd  desirous  to  tallx 
Oreji'on.  The  sum  of  what  he  said  was  this  :  hei.'omitlinuMiled  your  ]>apei 
as  a  (riear  and  sensible  view  of  the  matter;  that  the  declaration  [of  J  the 
I'resident  required  to  be  met  by  a  declaration  of  somi^  sort  IVoni  this 
•government:  that  what  had  been  said  he  hoped  would  be  taken  in  the 
sense  it  was  j-iNcn  as  meanin<;-  simply  that  the  llritish  .i;oveiiMnent  d(i 
m>t  admit  that  the  I'niled  States  ha\e  a  ri^ht  to  the  whole  of  ()re;;on. 
I  told  him  that  the  declaration  of  the  I'resident  appeared  to  have  ex- 
cited veiy  little  attentiini  in  the  I'nited  Stat«'s.  lie  scenu'd  anxious  in 
impress  on  my  mind  that  tliis  countiy  was  disposed  for  peace  and  an 
amicable  settlement  of  tlu' (juestion.         '*  *  *  *  * 

.lOSlIL'A   iJATlvS. 
The  Hon.  W.M.  yri  ucJis. 


J'j0t)'<ttt  f'rotU  «n  artivir  In/  Mr.  — 

A'o.  I!ii;5.     ,'<atiir(l((i/,  April '2V>,  \>^ 


Senior,  !n  the  \T,ouih>ii\   K.nimincy. 


^' li'  arbitration  be  unobtainable,  the  only  mode  of  accommodation  is 
nuilual  con(!ession :  and   the   terms  which  we  su^'i-csl    for 

Til.   o„lv,.-;,l.l„:.,      ...  ^  ,  '    .  .  1     •      1         •!•  1    -i 

.,1  tiw  iir.u.h  r.M,  that  mutual  concession  are  those  which,  ii  we  w«'re  arlutra- 
tors,  we  should  award,  mimely,  that  the  boundary  should  W 
the  forty-ninth  parallel  until  it  nu'ets  the  i'acilic,  and  then  the  sea.  Oin 
only  real  claim  rests  on  conti<jfuity,and  this  wouhl  .nivo  us  more  than  men: 
oonti'-uity  entitles  us  to.  This  would  ;;ive  us  the  whole  of  N'ancouver's 
IshuuU  and  it  would  <;ive  us  an  abmulance  of  p)od  harbors.  It  wouhl 
also  s'ive  us  the  (Miuntry  which  is  best  for  the  purposes  for  which  we  use 
it,  the  fur  trade.  *  *  Whatever  be  Lord  Aberdeen's  policy,  tln^ 
Opposition  will,  we  trust,  not  add  to  its  dillieulties.  *  #  *  \\\. 
trust  that  thii  I-^nylish  nej-otiators  will  not  deny  every  principle  of  law. 
how*  ver  sa<!red,  which  they  find  opposed  to  them,  and  every  tact,  how- 
ever notorious,  that  nuikes  aiiainst  them."' 


■  m 


|;iij 


*N 


o.    J<, 


Xarrafirr  of  tin  I'niftd  States  i.rplornui  ixpiilltion  thirUuj  the  i/riir,s  l.S.^S, 
1S;J!>,  ISJO,  isll,  ISIJ,  /,(/  Clnirlrs  Wilkrs,  I'.  S.  .V.,  n>mm,nuhr  of  tin 
i.riK'dltlon,  in  lire  rohniie.s  anil  an  ((tla.s:    I'hihvlflphia,  \^\~k 

I  N'lii.rMi.  i\ ,  (11  \i'i  i.i;  \i\ ,  1~  11,  I'.vi.i:  I- 1.  J 

'*A  lar^e  boat  expedition  was  also  fitted  out,  of  which  I  took  charp 
w.ik-..  -nrvv-  '"  P''"'"**'"-  ^"  prtx'ced  across  tlu^  Straits  of  the  I'uca,  tocroiii 

'■ I .leii ".'.'.'■' .i,;!v  j)lete  the  snr\'ey  of  the  Canal  de  Ari'o,  with   the  adja<*ciit 

bay.s  and  harbors,  and   thence  to  the  mouth   of  FrastiV 
rl\er.  *##### 


MKMORIAL    OF    Till;    rMTKI)    STATKS AIM'KNDIX. 


39 


luoiitly  <l()('!s 
:  a  coiiiiiiDii 
Um'Ii,  uilli  ii 
not  Im>  pill) 
lit  nil  iiuiiii 
A  It'W  «lii.v> 
(Icr  W'ryci. 
;•  on  various 

I  carefully 
rolls  to  talk 
I  your  ])a|»fi 
[ion  [oij  tlic 
t  IVoiii  tlii> 
taUc-ii  ill  till' 
•('iiinu'iit  <1<> 
'  ol'  ( )r(';;'oii. 

to  lia\«.'  ex- 
I  anxious  Id 

I'ac'c  ami  an 

»  * 

1 J  ATI: 8. 


?].r(()HlnC)\ 


iiiiodation  i> 

su^^ycst    t'nl 

vie  arbitra- 

y  shouUl  1m' 

(i  sea.     Our 

0  than  nieio 

Vancouvrr's 

.     It  would 

liich  we  use 

policv,  till' 

*■  ■  \\v 

•iple  of  law, 

\  tact,  how- 


i/ciii.s  l.'^.''.S, 
lOtdfr  III'  till 


took  cliarp 

Ilea,  to  eoiii- 

lie  adjacent 

of  Krasor'" 


'*()n  tlie  luoruiufif  of  the  -•">tli  .)ul,\,  isu.  tin- iuinpaiteil  company,  ami 
ill  the  MUeriiooii  I  set  out,  with  se\cu  iioats,  (o  cross  ilic  strait.       *       * 
'•On  the  -iltli  wi-  lM';;an  the  survey  ol  this  labyrinth  ot  islands,  which 
'  -was  coiitiiiiicd  the  next  day,  liTth.  *  »  # 

''On  the  I'Sth  the  duties  of  our  suivcmus  were  aj^aiu  lesnmcd,  and  a 

liiiish  iiiadc  of  llio>e  of  the  Canal  de  Aitd.     This  was  etlecled  llirou<;h 

the  stii'iiuous  exertions  of  both  ollieers  and  nieii.  and  the  same  nijihl  \vc 

I'cachcd  the  \'iiiceniies.       *       *       *       We  had  coiniili'tctl  all   that    was 

{  essential  for  the  navigation  ol  the  ('anal  de  Alio."  *  *  • 


No.  I'S. 
Mr.  liiirludidii  til  Mi\  I'lthvnhnm. 

LIMiact.  J 

Dl'.l'AU  1  Ml'.M     t»l'    Sl'A  IK, 

WiisJilmjIons-hily  I  J,  bSb"). 

*  *  *  He  (ihe  I'resideiil;  has,  therefore,  instructed  the  uuder- 
siuned  auain  to  jiropose  to  the  .i;o\ ci  iiaicnt  of  (ir<'at  ibitain  „r  nu.h..ni.n  ..i- 
that  the  Orcjiou  Territorv  >hall  1m>  divided  between  the  two  :,;;i/';;:J''p..rt'/"J 
countries  by  the  forty-ninth  parallel  of  north  latitude,  from  *""""■'• 

the  IJocky  Mountains  to  the  Pacifu!  Ocean;  olferiii;;'  at  the  same 
[."i2J      time  to  make  *free  to  (Ireat  liritaiii,  any  port  or  ports  on  V^incoii- 
ver'.s  Jslaiid.  south  of  this  parallel,  which  the  Hritisli  government 
iiiav  desire.  *  #  *  #  *  #  # 

.lAMKS  15l'CllANA\. 
l{t.  Hon.  K.  rAicilMlAM,  dr.,  dv.,  ilv. 


N 


o.   _ 


'!>. 


Mr.  l\il,riilt(im  to  Mr.  Iiiii-li<nt(i)i. 


IKxt 


r.ici. 


WASIllMiloN,  ./idi/  L'!»,  ISI.li. 


Mr    PjiVcnltnm  kp- 

r.   lllTf  iKltlU'l*!! 


*     *     *     The  niidersi,uiied,  therefore,  trusts  that  the  Aiiioricaii 
phMiipotentiary  will   be  juepared  to  olfcr  some  further  ]>r()- 
posal   lor   the  settlement  of  the  Ore;;«in  quesl ion  more  »'on-    ^'y\ 
.sistont  with  fairness  and  equity,  and  with  the  reasonable 
cxpt'ctations  of  the    liiitish   jioNcriiment,  as  deliiied   in   the  statement 
maikeil  I),  which   the  uiidersij;ned    had   the   honor  jto  present   to  the 
American  ]denipotentiary  at  the  early  jtarl  of  the  present  ne;;-otiatio 


iloll.  -IaMK."^  Bl  (IIANAN,  ill'.,  dc,  lie, 


]{.  i'aki:mia.m,, 


rsi 


40 


NOKTIIWJi.ST    WATKU   UolNDAHV    AIMUTKATIO.V. 


No.  Ml 


Mf.  Ilitchdituii  to  Mr.  Vul^vnham. 


[Kxtiiict.  I 

I)i;paiii'mi:nt  of  Statk, 

Wtisliinnton,  Auiiust  .'H>,  ISjri. 

•     *     Siicli  ii  i>n>|M)sitioii  ii'^  that  which  has  Itcfti  made  ih'V(M-  woiihl 
>ir.iiM,i.,i..M,>ii,.  havt'i  iu'cii  atithorizoti  hy  tlic  I'lcsi^lciit  hud  tliis  hi'i'ii  anew 
''"'""" "'        «|ii('sti(»ii. 

Upon  his  ac(M'ssioii  to  ollicc  lie  loiiiid  th«'  pn'sciit.  iH'j,'otiatioii  p«'n(liii;L.. 
It  had  liccii  iiistitntrd  in  the  spirit  and  npou  th<>  piinciplt^  ol°  conip.-o- 
iiiisc.  Its  ol»j«'»'t,  as  avowed  by  tlir  n«'};otiators,  was  not  to  di'inand  tiic 
whoU'  tciritory  in  dispntc  tor  cithoi-  (tonntry  ;  hut,  in  thrlanj^iia^e  ot 
the  tiist  jiiotofol,  "  to  tivat  of  the  ivspcctiv*'  (ihiinis  of  the  two 
[ouj  conntiit's  to  the  Oicycni  territory,  with  a  view  to  *«'stabhsh  a 
pt'iinancnt  l>onn<laiy  bt'twccn  thcni  westward  of  the  Ivocky 
3I(»nntains  to  th«'  Paeilie  Oci-ini." 

IMaeed  in  this  positi(»n,  and  eonsidci  in;;'  tliat  Presidents  Monioc  ami 
Adams  had,  on  formei-  occasions,  oll'cred  to  divide  tin*  territory  in  dis- 
pute by  tlic  Ibrty-ninth  parallel  (»f  latitude,  he  felt  it  his  duty  not  at 
once  abruptly  to  arrest  the  ne;;<>tiation.  bnt  so  far  toyield  his  own  opinion 
.asonc*^  more  to  make  a  similar  offer. 

Mot  only  respect  Ibr  the  condiiet  of  his  predecessors,  but  u  sincere 
and  anxious  desire  to  promote  peace  and  harnnmy  between  the  two 
<'ountries,  intlin-nced  liim  lo  pursue  this  course.  The  ()rej,'on  qiu'stion 
presents  the  oidy  intt-rveiiin;;' cloud  which  ndercepts  the  prospect  of  a 
ionjj  career  of  mutual  frien<lship  and  beiu'llcial  conuiiercc^  between  tin- 
two  nations,  and  this  cloud  he<lesired  t(»  icniovc. 

These  are  the  reasons  which  actuated  the  l*rc>ident  to  oftV-r  a  [uopo- 
.sition  so  liberal  to  (Ireat  Britain. 

^\nd  how  has  this  prttp(Kition  been  receiNcd  I»>  the  I'.ritish  pleiupo 
tentiary  .'  It  has  been  jcjecled  witlioiit  even  a  inference  to  his  own  ^^ov- 
ernment.  Xay,  im>re:  the  Uritish  plenipotentiary,  to  use  his  own  lan- 
guajiic,  "trusts  thai  the  American  plenipotentiary  wdl  be  prepared  to 
otfer  sonu'  further  proposal  tor  the  settlenu'Ut  of  the  (>re;;(»n  (pU'stion, 
more  c(Uisistent  with  fairness  and  iMpiity,  and  with  the  reasonai)le  e\- 
pe<'tations  of  the  I'.rilish  ;;o\ernnH'nt." 

I'nder  such  i-ircumstances,  the  undersi^^ned  is  iuNtructed  by  the  I'res- 
ident  to  say  that  he  owes  it  to  his  own  eouulry,  and  a  just  ap|>reciation 
of  her  title  to  the  Oi'ei^'on  territory,  to  ^vitlldraw  ihe  jiroposition  to  the 
liritish  f^overnmeid  which  had  been  made  uudei-  his  direetiim  ;  anil  it  is 
hereby  accordin.uiy  withdrawn. 

In  takinj;'  this  necessary  step,  the  ri'csident  still  cherishes  the  hope 
that  this  lon,u'  pending  controversy  nniy  yet  be  tinally  adjusted  in  such 
a  manner  as  not  to  distuib  tlM>  peace  or  interrupt  the  liarmony  now  so 
happily  subsisting-  between  the  two  natimis. 


I 


the 
whi 
tic 
bct^ 

An: 

the 


I 


.ia:mi<:s  uucuanan. 


]{iffht  ITon.  IviciiAUi)  IVVKHNiiA^r,  dc,  dr.,  dv, 


MKMOKIVL    Ol'    Tin;    J  NITKK    STATF.H — APPKNIUX. 


t1 


[341 


M>,  istr.. 

(ver  woiihl 

H'On  il  IK'U 

II  pciKliii;;. 
)f  coliip'.o- 
I'liiaiKl  tiic 
iii;;na;;,'o  of 
il'  tlio  two 
stiiblish  a 
lie    Kdc'ky 

[oni'ot'  anil 
ory  ill  <lis- 
iity  iii)t  ar 
wii  opinion 

t  a  sincere 
Ml  tin'  two 
n  qneslioii 
»speet  of  !i 
t  ween  the 

T  a  [»iopo- 

di  plenipo 

<  (twn  ;;ov- 

s  own  Ian- 

'paretl  to 

(pu'stion, 

Hiahle  cx- 

tlie  Tres 
►reeiatioli 
ion  to  the 
;  and  it  is 

th«^  h()])e 
mI  in  snc'ii 
iiy  now  HO 

« 
A  NAN. 


•Xo.  .'U. 
Mr.  McImiu  In  Mr.  Ilinlmnan. 


London,  (htolm- :'>,  !•<».■». 


►Sir:  I  received,  on  the  L'Oth  ultimo,  yonr  dispatch    Xo.  !►,  dated  tho 
].".th  Septeiiilier,  iiansiiiittin;,' a  <'opy  of  yonr  hist  note  (.'intli 
Aiij^ust,    ISl.'o    to  Mr.   Pakeiihain,  rehitive  to  the  Ore;;o 
rpiestioii 


l.nr.U 


•f  (ilrrfimi 


On  tliedas  I'ollowin;;  I  was  invited  l>y  I,ord  Alterdeeii,  in 


lltf  Arlirrti.tfi  pn»|H>- 
•ilMMi  I'jr  Mr  PHkf'n 
hxfti. 


tht^  note  hereto  ap|ten(h'd,  to  an  interxiew  at  his  Iioiisc  in  Ar;.'yll  stre<'t, 
^vilich  I  jii'.iiited  aec<M'din;,'iy.  The  oliject  of  tlie  interview,  as  I  had  aii- 
tieipate(l,  relate<l  exclusively  to  the  posture  in  which  the  ne;rotiatioiis 
lictweeii  tlie  two  <»overninents  had  lieen  phiced  l>y  yonr  note ot"  the  .'!<>tli 
AiiLiiist  to  Mr.  I'akenhani,  and  the  withdrawal  of  the  pi-oposition  which 
the  i'resiih'iil  had  previonsly  directed. 

Lord  Alierdeeii  in»t  only  laiuented  Imt  cens\ired  the  rejection  of  our 
proposition  l»y  Mr.  i'akeiihain.  without  referrin;^'  it  to  his  ;;overnment. 

*  *  lie  stated  that  if  Mr.  rakeiihain  had  conininnii-at«'d  the 
Aiiiericaii  proposition  to  the  ;;«>vernMient  lieie,  as  he  was  e\pect»'d  t«» 
liave  done.  he.  L(»i'd  Alterdeeii,  would  have  taken  it  np  as  the  hasis  of 
his  actio!:,  and  entertained  little  donlit  that  he  wonld  have  heen  enaliled 
to  pioposc  iiiodifieations  which  ini;^ht  iiltiniately  have  resulted  in  an  ad- 
[  jnstiiieiit  iiiutnally  satisfactory  to  l»oth  ;,'overiiments.     #         •         • 

1  did  not  fail,  however,  to  take  the  occasicm  to  press  upon  Lord  AIkt- 
deeii  llie.nivat  tlinienlties  with  which,  in  the  present  state  of  piddic  sen- 
tiiiM'iit  in  the  Liiited  Stat«'s,  the  President  eoiiid  concede  even  that 
wliicli  JH'  had  (lone  in  tin'  position  he  had  antliori/iMl.     »         •         • 

It  \\as(|iiiteol»vioMs  In  ine  that  Lord  Aherdeeii  had  become  convinced 
ill  his  own  iniiid,  thoiij;h  in  what  way  I  do  not  pretend  to  conjectuic, 
tliat  the  teiiiis  which  it  was  his  intention  ultimately  to  prt»pose  or  assent 
to  would  lie  aeccpied  by  the  President,  and  that  on  this  account  he  par- 
tictilarly  regretted  the  internipt  ion  in  tli.*  ne.;dtiatioli  without  atfoidiii^' 
an  opportniiitN  Ibr  that  purpose. 

*•*••♦• 

LOT  IS  M.  LANK. 

Jloii.  ,Iami;s  ^l•(•I[A^^\^•, 

Sicrcldn/  III'  Shitt . 


*X 


o. 


Mr.  Mcljdit   to  Mr.  Iti(rli((ii((n. 

London,  Ihrcmhir  1.  1S|."». 

Siij :  Althonjih  it  is  well  iiinlerstood  here  that  in  the  present  posture 
of  the  ()re;i()n  qiu'stioii  my  connection  with  it  must  be  in  a 
jU'reat  de;;ree  informal,  tlui  Karl   of  Aiierdeen  occasionallv  »•■'!'•  i...'v'' Jk'" 
makes  it  a  siiitject  f)i  conversation.  ».ih.f  i.i.,..,i  !»*,. 

At  his  re(|nest,  I  have  r<'cently  had  an  interview  with  him, 

when  he  put  in  my  hand,  to  read,  two  dispatches  from  .Mr.   Pakenhain, 

Olio  in  explanation  of  his  reje<'tie:i  without  reference  to  his  j;overnment 

of  the  President's  proposition  ;  the  other  (tontainin^i'  a  statement  of  hi.s 

|Siib.se(pieiit  attempts  to  induce  yon  to  allow  the  President's  i>ropositioti 


•vr. 


42 


NOilTllWKST    u  VrilK    UOrNHARV    AlUHTKATKW. 


1<»  stiiiid  lis  (lie  Icisis  of  ftirtltcr  ncijotiiv  Idji.  or  to  luuc  soino  nssiii'iini'c 
(jf  tlic  anssvcr  wliicli  a  new  jHt»t>osit.i(>i)  iVuin  tlic  Hiitish  ;j,(»V('iiiiiH'm 
wonhl  receive.  #  *  *  Tlie  priin-ipiil  ohjeclol' l.onl  AhenleuM  in 
scekiii;.;'  Ilie  iiitt-rvirw,  a]t]nMi'i'il  tonic  to  Ix-  to  point  out  (lie  eailjai'rass 
lueiit  in  wliicii  lie  !.lioii,L;lit  I  he  I'lcsidi-iit's  m  itiitir.nva!  of  his  jn'oposili*  ji 
lia.(l  [ilaced  this  fjoveiuineni.  It  was  (Hiite  evident,  iiMleed  lieexpiessly 
.said,  Ihat  he  was  li-t  i  rcparcdto  aecept  the  Picsich'iit's  pioposilioii,  hiii 
de;-:red  <»iily  lo  make  il  the  '>asi>  of  fiirtju'r  m';;"otiation  and  nioiiilird 
]>ropositioiis  from  this  <>'()veniment,  wliich  hr  would  lia\  e  done,  notwitli 
staiidini;'  tic-  V('je<'iion  of  it  In  Mr.  I'aKeiiiiaiii.  if  it  had  not  Iiccii  with 
drawn  l>y  direction  of  the  lM<'si(U'nt. 

*  ''  *  Alliiou.u'h  1  am  (juif*'  sure  tlial  tin-  ICari  of  Alx-rdeei! 
lias  no  idea  at  present  <d'  acce|>liiiL;'  the  coiiipromisc  cDutained  in  the 
President's  ]coposition,  it  would  not  surprise  me  if  an  airan^i'cmeiii 
niion  that  basis  shouhl  prove  aeceptat>le  to  lnv^v  and  import :int  classe> 
in  ihis  eounti'v,  indeed  eoiiiplained  of  ]>i  incipallv  l>y  the  !lnd>oirs  ilay 
Cotii[>aiiy,  ami  those  in  iis  interest. 

Tiiat  the  ministry  ueuld  fiml  it  dillienll  and  h.i/.;irdous  ;o  prefer  wai 
to  such  a  settlement  may  well  be  ima^^ined.  a!tho(it;Ii  yon  niiiy  assume  it 
to  be  certain  that  when  v>ar  becomes  ine\  italile  it  will  reeeive  the  un 
divided  siipperl  of  the  IJritish  people. 

1  believe  the  j,overnmeiit  and  people  here  are  tpiile  pie}>aied  for  the 

re  assertion  ii'  tin-  message  of  (lie.  President's  opinions  expressed 

[.■)0j      in  his  iiiau.niiral  address,  and.  perhaps,  for  a  r<'eommendation  *l)\ 

him  to  termiiiate  the  joint  occupation  in  the  manner  jn'ovided  by 

the  existing;'  treaty. 

And  I  also  thiidc  tliat  ui  less  the  recommendation  in  ihe  message 
should  be  such  as  lo  discoiiray:c  further  ne;;of iatioii,  and  to  manifest  a 
ilelcrmination  lo  insist  ii)»on  (tni-  whole  ri;vht,  they  would  nol  le;iil  to 
afiy  iiunu'diate  me  isiircs  iijioii  the  j  tart  of  i  ids  /^-ovcrnmeiit.  or  mate  rial  1\ 
U(l«l  to  the  embarrassment  iii  which  the  ichitioiis  between  the  two  ceuii 
tries  ai>pear  to  iw   af  t»r('sent  iiivol\cd.         *  *  *  *         # 

L()(  I.S  McL.VNK. 

.).\Mi:S   r.l  (  ilAN  AX.   Msq.. 

Stcrrt'tri/  of  Stair. 


iccl 

M 

rcfi 

M- 

t;it( 

will 

% 

jire 

'■■' 

Occi 

and 

<iio 

coll: 

liav 


com 


fiill\ 
Jiiiiii 
V,otii 
kiio\ 
<lisa 
to  .yi 
iiiav 


No. ;;;{. 

Ml .  i'-'ilrs  til  Mr.  Sliin^is. 

LMM)it\.  /)((■'  mill  r  \1.  I  SI."). 
Sii?  :***>•* 
Our  i-iltttioiis  irilh  tin    I'ltUi.l  SI<tt(s.—  \\ nru  I  last    wrote  to  yon  eii 
iiu.uni,  n,yr..,„.  this  su))ject,  I  fjave  yoil  to  miders!aiid  that  t he  ne^ioMalinii^ 
mZ.''sTLXr','.  ^^''i"*'  J^oiii':'  well,  but  I  soon  alter  learned  that  there  Inol  bi . 
ii.'ll.  .7riM,«  ..'i'«'«    II  hiieh  at  N\  ashinuton,  ami  a  very  awkward   one  it  is,  I 
""""""*"""'"■     the   Uri'ish   ydvernmeiil     must    now   make    the   tirst    nio\' 
and    wJM'tlier  they    will    make  that  mov*^   remains  to  be  seen.      <>! 
thiii;.^' is  consolatory,  viz,  Ihat  after  the   piildicalioii   of  Mr.    NVebst*  i 
speech   here  yesterday  eonsoI^  improved.     The  .stock  jobbers   say  lli 
''the  ll»  'IS  about  ri;xht.  and  Iheveeai;  be  no  difllcuUy."     That  will  bcthi 


Loll 

It 
fniiii 

Rll.HM)' 

]iriipii 

liitl  ;i| 

term-. 

I I  Intel' 
Id  lii>  1 
lii'llii 

III  ihi 

Uroii 


I'llittM 
10  liju 

ii-riiw 


m:;moi{Ial  of  thi:  initkd  states — ArM'KNi»ix, 


43 


i^  assiiraiicc 
idvniiiix'iit 

propositi!  !i 
I'  «'xpi(>ssly 
osition,  hill 
(I  iiioililici! 
10,  not  witli 
!>»M'ii  with 

f  Alirnh'iMi 
iiicil  ill  tile 
riiiii;i('iu('iit 
hint  ('liisst'> 
idsoiTs  ilav 


It't'liii^s  of  nine  tt.Mthsr;"  .lie  jM'oplf  oldroat  Uritiiin;  but  this  has  hocMi 

I'l'l'iisfil  l»y  Si)  many  uiinistfi's  prrvionsly,  tlnit  Loi<l  Aberdeen  may  liosl- 

tate;  tlie  western   members  of'  <'on.!^ress  will  rail,  and  the  merehant.s 

^  Mill  be  k<'i)t   in   hot    water  another  year.     Tlu^  Hudson  IJay  Company 

^^  j»revent  a  settlement,  i  haN<^  no  doubt — thev  !ni;,dit  have  twenty  years' 

oe'iipation  an<l  the  ri^ht  ot'pre  emptitm  to  their  lands  under  ei'liivation, 

and  to  i'ecoiiie  Anierieans  or  not  at  theevpiiation  of  the  time,  .s  they  may 

(  hitose.  always  eoiit'ormin.i;'  to  any  laws  the  I'nitetl  .States  iiiay  establish 

lor  the  ji'oveninieiit   of  the  t«'iritoiy.     This,  with  the  lit    to  tin.' 

;  l;!7l      strait,  uivin;;' N'aneonver's  Island  to  (Ireai,  lliitain,  is  *as  mnch 

4  as  any  Ann-riean,  be   In     llostonian   oi'  Carolinian,  will,  I    think, 

■"  eiiiiseiit  to;;i\('np.     Ifdreat  nritain  is  not  satislie.t  with  that,  let  them 

liave  war  it' thev  want  it.         ♦.!.♦» 

,i<»sin'A  r.ATios. 

!  I.I.I.  W'l.  SifK'iis. 


piel'er  war 
y  assume  it 
iv<'  the  nil 

iired  I'or  \hc 
IS  expressed 
ndatioii  *l.\ 
|)rovided  l>,v 

lie  niessaj^t' 
I  manilest  ii 
nni  lead  t'' 
I'  materiali\ 

1(>  two  ('(Mill 

•         » 
li  LANK. 


(•  J.  isi.-». 

* 
to  yon  <>!■ 

lie;;o'ialie|i- 
le  hiid  be. 

»ne  it  is.  I 
lirst    mo. . 
seen.      O^ 
,    Webst.i 

rs  say  lli.'' 
\  will  be  tilt 


No.  r.l. 

Mr.  Mil.i'iic  to  Mr.  lUn-hitiinn. 

l,i>M)()N,  FdiiiKirt/  -i,  ISKJ, 


Mi; 


It  will  be  peice'ved  iVoiii  the  remaiks  ol'  Lord  .b»hn    l!n>sell.  and  Sir 
J'oheii  I'eel  iiiiMc  part ienlaiiy,  that  t he  obsei\;, lions  1  haxc 
lieretolore  made  oi'  the  elVeel    npon    pnblie   opinion  in  this  ,..„/,'•,. J. ',.','"'1','' 

eonnliy  of  the    {'resident's  proposition  for  ('(mipjomise  ar(i  '"'"""'""« 

fully  eoiilirmed.  and  that  the  rejeelion  of  the  ])ropositi(ni  by  ■SFr.  Pakoii- 
liain,  without  sendin«;'  it  to  his  i^ox  einineiit,  at  least  as  the  l>asis  of  ne- 
gotiation, is  stion;;ly  disapprctved  by  b(»tli  parties.  1  hasc  reason  to 
know.  also,  that  theic  is  an  e\pe<'tation  with  all  classes  heic  that  this 
di>approi)ation  sh(»iild  lia\i>  its  inllnenee  in  disposing oiir  Cioveinment 
lo;,M\ea  I'avorableand  ainiealde  reception  to  any  future  overtures  widch 
may  Ite  made  for  resumini;"  the  negotiation.  #  ♦  ♦ 

On  tin  siihsetpieiit  ni.uht,  I'riday,  the  -.>d  <if  .laniiary,  the  subject  was 
HiiiUU  introdiieed  to  the  notice  of  I  he  House  olCoinmons  by 

1111  II  II  II  •     1  '  l.'r  .|  ,l<diri  l(ii«*»>1l 

iord  •loliii  liiissell,,     lie  .>aid  ;  ,  ,n.vr  r.k.hi„iiii'. 

r,  \  'I  ti"H  III  Iti.'AllliT 

Il   Nviiiilil  ,i|i|M;ir  fliiil  ji  ipin|iiisi(  iiiii  r.ir  ;i  (•i>iii)>riiiiiisr  liail  lit'cii  iniidc   iU'i*'   '  ''' 
tVoiii   III!'   I'lrsiilciil    III   ll'f  .NLjrsI  v's  yiiMiiimi'iit.  anil   In-  i  l.unl  .loliii 
lill»rll  >  rii!ir(i\c(l  tlint    lliat    |>l  i>|>ii>il  inll    ll.ail  iliaii;;ril    t  lie  Niair  of  t  III'  ijilrHl  iitn.      Tlli^ 

|iiii|Ki>iiiiiii  ItM'ir  iiii;;iit  111'  s,ii  i'«l'arloi  V  nr  iiiil  >»il  i->l'ai'liiiy  ;  Iml,  liaviii;;  lii'i'ii  maili',  il 
iliil  a|>|i('ar  In  him  In  ii'i|iiiii-  a  siadiinnt  ('lum  llio-ii-  in  anllioiilx  in  I  lii-i  I'lninl  ry  nf  tliti 
tiiiii-.  ciii  w  I  licit  ilii'\  vMnilil  111'  sal  i>  lit  1 1  III  mI  ill-  t  lii>  i|iii's|  inn,  'liial  |l^l)|l(l'^il  inn,  Im 
iiiiiIiIsIiiimI.  1 1  III  imt  lii'rn  rn'rix  n'  liy  ili'i  Majivtv's  ^ii\  iTniiniil .  Inil  1 1,1 1 1  lici'ii  ili'dari'tl 
111  ill-  wlinlly  i  nail  III  issililr  liy  tMinnini>'lrr  in  .Vini'iira.      Ih  1  l.nni  .Inliii  Uns-i'll '  roiil'i'ssi'il 

III'  Uiiiii'^lil  I  ha  I  wa-a  liasly  |>rii( iliny  tm  tlii'  part  nl'lln'  n'lni'si'nlal  isr  nl'  llii  .Ma.ji'f*ly 

III  llir  I  iiUril  Stiiti's.  Imt  wliat  In-  «  islicil  tn  a>k  w  a".,  winl  In  r  tin'  iii'^;nliat  oil's  iiail 
n  riiuiimiu'cil  OI'  wiTi'  ;'irni^  mi. 


m 


'Sir  Ivob-'it  I'ee!  oliseiNcd  : 
(!a    till'   Milijii  I    III    till     (»ri'^iiii     ti'iiitury,   I    have    In  .■^hife   that    .'i    iiriip'tsal    wii8 


'nadti  liy   Mr.    hinliaiian,  with   tlii'  aiitlimiiv   nf   tin-   I'li-xitlnit   nf  llii" 
riiili'il  Si.'iii'^,  to  Mr.    I'ak.'iil 


1 ll       PlU'l 


•itl'll 


iki'iili.'im,  ami    iliat    llii'    |iro|i<).sal    sn  niailr  sii;;-    .iy<  tim  liir  I'nifii 


1  ilivi»i(iii  id'ihr  tiiulnrv.     \\  Ih'IIht 


ml  thai  |iiii|iiisal 


iiijiht 


i..>'ii 


alil    lit  hntii 


r.j-rrt'tl  lit*.   Aiiii'ri- 


Il  «...,  ••  r.i-rn'ti    III.'    ..iiii-Ti 

10  liaM' Imtii  acci'iili'il,  1  r  iniml   !»ay.     Mi.   I'aKi'iiliain   lhiiii:ihl    liialtln'   1  m ..n.r n.  h .  «..* 
ii'tnii  |irii|inMi'il  \v<ii  MO  liuir  iikriy  to  In-  arii'iiialflr,  that  In-  diil  iml  It'i'i 


I 


m 


u 


NORTIIW  i:ST    WATKIJ    I'.OCN'DAnY    AK'l'.ITK'ATIO: 


fiiiiiHt'lf  Uiiiiaiitnl  ill  fiaiisiiiittiiifj  tlif  i»i<>|mi.s!i1  to  tlii^  i^ovci-iiiiicnt  at  lioiiif  ;  and,  mi 
Ni);iiil'\iii;i  tliirt  to  Mr.  liiicliiiiiai!.  tlic  lattt-v  iiunifiliatfly  ^^tatrd  tlint  tli<<  itiniiosal  was 
withdrawii.  Tliis  is  tin-  siatf  of  ilic  in';;otiatioii  at  iivsriit,  so  far  as  i  am  iiiforiiicd, 
rcsitccliii;;  till' proposal  siilmiillcil  liy  Mr.  Mintiiaiian.  I  liavi^  tin;  lii^iicst  oidiiion  of 
Mr.  raki'iiliiiiii  ;  J  liuvc  tiic  ;;ri'atfst  rcs|MMi  tor  Ids  lali'iits.  and  the  y,riMtt'st,  coiilidiMici- 

in  Ills  jiid;,' lit  :  \i;t.  I  niiisi  sa\,  that  it  \sonld  liavr  tici-ii  Ix-ttrr  had  h;-  transmiiti  d 

that  |)ro|iosal  lo  tin-  hoiii<-  ;rii\('riiiiu'iit  lor  tiicir  coiisidi'iation.  and  if  I'oiind  in  itsdi' 
nnsatist'aclorv.  it  iiii;{ht  iiossildv  hav  ■  roinitd  tin'  t'oundalioii  lor  a  further  iiroposal, 
[IlcarlJ 


W.-  h 


lave  no  lirsitatioii  in   .'Uiiioiiiii-iiiir  one  sincri't'  dcsiri' for   tin'   intiTcsts  of  th 


lIHMlt    ii|    111.     On 
ijiir-titiii. 


coiiiitry.  for  till-  intficsts  of  tiio  L'liitrd  States,  and  for  the  intiTcsts  nt 
till!  civilized  world,  in  continiiin^  to  strain  every  elfoit  wliiidi  is  ci'ii- 
Hiriteiit.  with  national  honor  for  the  piirpose  of  aiiiiealdy  teriiiiiiatin^ 
those  disputes.     [Hear!]  .  .  ,  , 

1  think  it  would  lie  the  ^jreatest  niisfortiiiie  if  a  contest  a'loiii  the  C)rei;on  lietweeii 
Iwo  such  powers  as  MiimIiiihI  ;nid  tlie  I'liileil  States  could  not.  Iiy  the  exercise  of  mod- 
eration and  ;;oi)il  sense,  lie  liiiiii.j;lit  to  a  pcrt'citlv  honor;!  1  lie  and  s.it  ist'.eiorv  eoncliisioii. 
[Cheers.  J 

Altcf  these  oliscrviit ions.  I  uwi'  it  iiioif  pnitiiMilarly  to  iiiysclf  ti>  st;ite 
tliiil.  lH'lit'\  ii|o  rioiii  tlic  liistoiv  of'  our  prt-vions  iicootiiitioiis 
its  to  till'  Oii'ooii  (|iicsti(iii  tliat  it  may  now  he  scttk'fl  ii|>t.ii 
the  liasis  of  a  coiiiiudiiiisi',  aii<l,  witii  rclcrcii**!'  to  interests 
wliieli   have  mown  up  dmino  thi-  Joint  occupation  of  t! 


Mr.     M.l.ai..-     I- 
|ii.ct'>Oiiil  tiM'  llril.-h 
■nvi-riiiitfltt    Hill   III 
It'll    Ih"    llIK'   nt   «U 


territory,  williont  a  \iohition  of  any  <lnl.\  which  a  |.iiltlic  man  owe.s  to 
tile  riolit.s  antl  lionor  of  his  foiini  r,\ ,  I  won  hi  not  lie  nnwiiiinn.  taUin.u'  tlie 
President's  proposition  of  the  I'Jth  .hiiy  as  a   iiasis,  to  iir;;e  a  linal  ad 
jnsdiicnt  of  the  <|neslio!i  aceoidmo'  to  tliat   proposition.  luit  eoncediii;; 
to  till'  llndson  Hay  i 'ompany  a  continuance  of  tiie  privileoes  of  joint  oi 
(Mipation.  inehidino'  tlie  navi;:°ation  of  the  ('ohiml>ia,  for  a  period 
[;»!»|      of  seven  or  ten  years  hinder;  and  I  hope  that  *I  may  l»e  aUowed 
to  add  tlial   I  woidd  lie  willino  to  assume  liie  responsihility  of  as 
senl.iiiy:  to  an  adjnslim'iit  l»y  extending,'  th<^  bcmnihiry  to   the  J'aeitie  hy 
tlie  forty  iiinlh  paraUel  and  the  Strait   of   I-'iiea  willi  iVee   ports  to  liotii 
nal  ions,  or  Iiy  exleiidiim  tlie  free  na\  ioat  iiui  of  t  lie  t  \)laiii!iia  IJiver  for 
a  ioiiuei  period.  pio\  iih'd  similar  ail\aiita;,fes  npon   liie  ."Snint   i.awreiicr 
eonid  tlieieli\'  he  secured  lo  the  I'nited  States. 

I  liejieve  thai  upon  one  of  these  ;;foiinds,  p.-ili;i;»s  up m  eillicr.  an 
adjustment  may  I»e  coiieliided.  and  I  have  a  strono-  ciMiviction  that  the 
lirsi  indicated  is  ;  ,i(irely  |tract ieahle. 

I  am,  however,  constrained  at  the  same  time  |,»  slate,  I'l'om  all  th;it 
has  come  lo  tii\  knowh'.iiie  liere,  that  I  have  n  »  re.isoii  to  believe  that 
laoie  favoraltle  leriiis  than  tliose  I  ha\e  aliove  ad.erted  to  would  iindei' 
any  circumstances  lie  eoiisi-nted  to  l»y  this  oo\,.i-nnienf. 


I.OllS  .McL.KNf: 


lion.  ,1  VMK.s  I'.l  i-M  WAN. 

Siriilid!/  ill'  St(tt> 


lO,   .i.l. 


Kxti'<(ct  from  thf  sjirr<'li  ct'  Mr.  ('((Ilnnni,  ui'  Siiith  ('<ir(ilimt.  In  flir  S,ii(ifi\ 

MiUih  1(1,  IS  It;. 

•         •         *         ••'riiep.ist   history  of  the  alVair,  the  fa"t    that  it    had 

Th.- III,..  1.1  «•  I.,.-  '"''""  lieipienll>  olVered  i)y  us  siihstaiilially  as  an  nltimatiim. 

"•'»'"•••'""••'''''    ndaled  to  the  fact  that  IIP  was  the  boundary  ,>u  this  side  of 

t!u»  I'ocky  Monntains,  left  no  doiild  on  nty  miinl  that,  if  setlied  byeotn- 

promise,  it  inusL  be  on  tli.it  basi.s."  •  »  #  » 


mi:m(>i;iai,  or   rm:  i mti.k  statks — Ari'i:M»ix. 


45 


K.ilntcl  f'rom  the  spi'icJi  of  Mr.  1V< ^.s/cr,  «/"  ^fnn,s(lvhl(.sett.s,  in  fhr  Siuate, 

M'inii .;(».  isio. 


*         *        *         I  was  not  vory  l';ir  out  when  I  took  tlic  ]ir(M'nution  of 
ndiiciiiff  Avliiit  I   intt'iidcd  to  siu  to  wiitin^i.     NVliat  I  said 
was.  (aiiu  I  pi'csiiiiHMi  not  to  oictatc,  <»r  to  siicaU  as  r.r  cotli-  n.i  .,,-;  mnumt 
(•'//•(),)  tliat  in  my  Jnd.^nu'ni:  pnUlic  (»|iinion  in  both  cMnidiics 
iciidi'd  to  a  nnion  on   tlic  m'licral   basis  ol   tlio  i)i'o|>i>sal  niado  by  this 

("lovn-nincnt  t(t  tliat  ut'  !ji'4iand  in  isi'd.  #  *  * 

to]      *        #        #       *\Vliat  I  mean!,  and  what  I  said,  was,  that  it'  I!)" 

shduhl  be  a^i'iced  on  as  a  /^i-ncial  basis.  I  was  satislicd  ti»  iif^fo- 
liiitc  about  all  liic  rest.  I5nt  the  ucntlcnian  Irom  Ohio  ami  the  Scnato, 
',vil!  (h)  mo  tlu'  Justice  to  allow  tliat  I  said,  as  jdaiuly  as  I  t'ould  spi'ak 
1.1  |iut  down  words  in  w  litiiiii,  that  l-'ainland  must  nut  r.ipt'rt  (ini/tliiiiri 
south  of  Jhrti/ninc  (Ifijrcis.     I  sanl  so  in  so  man.\'  woi'ds.         ♦  * 


Eftnict  I'roni  tlir  thlxilt'  on  the  Orriiitn  (inrstion.  in  tlif  Ifttiisi  of'  I'cprrsrnf 

otircs.  Filirnnri/  '.K  ISKJ. 

Mr.  T.  r..  KiNi;  :  *  '  *  ••  I  should  like,  with  all  it'S|M'ct  and 
ilili'ieiict'  to  tlu'  learned  and  \enerable  jientlenian  Irom  ,„,,„  ,,„,„,, 
Miissa<-hu.setts,  (Mr.  Adams.)  t(t  ask  whether,  in  his  Jud;;-  ^;I,.';,',';/';f,;,'.' U 
iiicnt,  our  title  to  the  entirety  ol  the  Ore;;»»n  territory  is  V';;;;.^",.:',',,';:"^;;;,','; 
•ilear  and  un(|nestionable  r"  '  '  "' 

Mr.  .biiiN  i^!  s.  V  Adams.  #  #  •  ••Aeeordinj;  to  the. 
idUstruetioM  wo  ;.,.ive  to  '  elear  and  indis|»ut.d>le,'  in  relation  to  the 
i|iie>tion  of  li^iht  ami  wron;;',  I  sav  thai  our  title  is  clear  and  uimjiu's- 
tioiiablo."  ♦  *  *  •  .  *  • 


Urtriict  />•<»)}  the  .spct'ch  of  Mr.  7.  (J.  Atlrons,  in  the  Jlonsc  of  Rrprcscutn- 

tires,  Ajtril  i;{,  ISl(». 


*  *        •        "I  am  not  lor  settling;  the  (|uestion  at  the  line  (»f  IIP." 

*  *  *  "  If  this  House  pass  this,  and  instead  ol  puttinu'  down 
•south  of  the  line  of  4U"',' ;is  is  proi»osed  \>\  this  amcmlmrnt,  will  say 
•south  of  latitu(h' r>P  W,'  I  will  vote  for  it."  •  *  *  ••(Iroat  llritaili 
liud  no  claim  w  hatexcr.     I  beliexc  she  lias  no  i)retensions  to  any  now." 


f..:lriirt  from  flir  spircli  of  Mr.  Ckss,  of  Mirhiijiin,   n  the  Senate,  >fnnr.  lS|i; 

•        *         *         ''  We  art>  seokiii};  a  doubtful   ijood,  at  tlu-  certainty 
uC  a  ;;r(>at  sacriiiee."     •     •     •     »*  'I'ho.so   who  belie\  o  that 
"iir  title  toall  Orejion  is  so  *ch'ar  and  un<|uestionable'  that  <■'  t<v''.-'t'.''r.i!T,.i"'.' 
no  porti«>n  of  it  ou;;ht  to  Im'  relimpiished,  ma>  veil  (•onteiul 
'"'  its  whole  extout,  and  risk  the  eon  ;!»quoiice8."  •  •         • 


m 


M..  MV    A-..     . 
I  liiirii   .VI    40     .)«    t 
l)(>lillil'(t  V.  nr.i!  *•  '. 


46  NoinilWKST    NVATKli    llolNDAKV    AHIUTKATJO.N. 

[41 )      *  E.ilrnct  front  the  .sixtcli  <//'  .1//'.  Si  riir.  <<!'  At Lonsas.  choiniKin  c/'th, 
i'nnniiUln'  tin  Fin'riijn  Itihdioii'i,  in  the  Sintifr.  Marclt  -'t,  lSl(i, 

•         '  '  Sir,  I  Mill  Hot    sine  l»iit,  tli;it  ;i  iiiiijuiity  ol'  llu'  |)tMi|ilc. 

nf  till!  I'liilcd  Sliitfs  Undid  mtlicr  li.ulil  (iifat  l!iil;iiii  td- 
iiKUiow  tliitii  viclil  lip  to  Iht  any  piiit  of  ( )r<';i(»ii  soiUImii' 
."il  io  .  I  iiiii  Mot  stii'c  ImiL  tliat  :i  iiia.joi  ily  of  the  ]ico|i|(' 
of  flic  liiilt'd  Stales  arc  now  ready  t(>  assert  tlic  title  ol'  ilic  Initetl 
Slates  to  the  wliole  of  ()re;i-oii.  Iielie\lii;r.  as  tiiat  iiiajorily  do,  that  tlic 
title  of  tlieir  coiiiitry  to  t  lie  whole  of  it  is  illii|iiest  ioiialile ;  aii<l  with  tliis 
assertion  ol  their  title,  I  am  not  sure  luit  that  this  tnajoiity  are  not  now 
ready,  npon  the  slijihlesl  intiinatioii  iVoni  those  who  ha\e  eoiilrol  of  oiu 
l»iil»lie  alfairs,  to  niaintain  it  a!  all  Inizards.  *  '  *  These  peoph-, 
with  these  iiiipressi(»iis,  aic  new  lookin;;'  and  rea<linji"  al)t»iit  ( )re;4(»n,  and 
ai'e  <|iiietly  and  liriiily  lorniiii;,'  their  resolves  upon  the  snlijeet.  "il'^  Ui' 
are  ehatked  upon  doors  and  windows,  and  upon  walls,  pillar,  and  post, 
est'iywhere.  •  *  *  These  p<'opIe  are  in  no  >etnper  for  iinjiisl  eoii- 
e«'Ssions,  in  the  form  of  <'onipromises.  Is  Iheie,  sir,  a  man  in  Aiiierieii. 
of  any  parly  or  of  any  se<'t,  that  would  in»t  sooner  li;4ht  (Ireat  ISrilaiii 
tomorrow  than  yield  up  any  part  ot Oregon  south  of  {'.»  .'  In  support 
of  <uir  title,  up  to  that  line,  and  for  eveiythiii,:;  south  of  it.  we  slioulil 
(ind  even  our  (^Miaker  friends  in  unilorm,  villi  arms  in  their  hands,  eiy 
in^i'  ahuid.  in  the  highways  and  Ityways.  ••To  \  our  ti'iits.  O  Israel  I" 


No.  ;;<;. 

Kthfut  J'loni  tltr\L<)n<h>n\  (Jutirfcrhf  Juvleir  for  Muith,  ispi,  \'(,l.  /,.\  I//. 

jnnir  tin,!. 

•         »         *  We  Ix'lievc  that  the  proposition  for  a  di\isioii  Ity  tlif 

It,.  .j.„..,iv      forty  I'iiilh  deinree  and  the  .Straits  ol'  I'lu-a — which  we  ha.r 

fiV" ',''„,i"V I, ',"'„■:  hitherto  called  .Mr.  haruan's,  luit  of  which  w<'  hear  no  mot. 

""""■  under  that  name — wtuUtl  have  heen  at  any  lime  and  iiiidci 

an,\  i'ir<uiiistaiiees  icceived  with  as  much  satistaelioii  as  now.     We  ao- 

more  and   iiioic  ct  n\  iiiced  hy  the  advices  which   we  have  latclv 

\VJ\       're(»'i\ed,  that  the  Aiiieii*  an  cahiiu't  will  not  and — it   it  would— 

c(Mild  not  make  any  lar;;er  eoiicession.     It  is,  we  ltelie\ c  all  llur 

an\  American  slatesinaii  could  hope  to  carry,  and  we  are  eipially  satis 

lied,  that  on  our  part,  alter  so  much  tlelay  ami  complicaiioii.  and  con 

.sideriii;i  it  in  its  (iitiire  t'lVeel  on  the  trampiiliily  of  the  distiict  itself,  it 

is  III*'  lies!  fur  our  inteiests  and  sullicieiit  inr -nii  Iioiku.        *         • 


No.  .".7. 
Mr.  llu  ItiUKhi  tit  Mr.   \Ul.aitf. 


IM;I»A!ITMKM    ol"   StMK. 


Sll{ 


The   IMo.sideiit,  since  the  date  of  Iiim  i(U's.«i:ijrt.,  |ias  svvn   nrt-< 


T<- 


I  III  I'rt  "i-U-nl  tnnv 


llir    *ti-iwi|.*    nil    jiiiv 


eliiin<^e  Ins  opinion.  < 


it  her  in   rejrard  to  oiir  title  KJ^ftnuon 


i)i'  to  the  manner  in  whu-h  it  ou^dit  to  he  asserje«L      !»in  fin 


•""•'"""'•"""■•'     IVderalConstitutioii  has  miide  the  SeJiute,  to  a    ^i 


II  e\ 


MKMOKIAL    ny     IHK    rMIKD    s  IATl> Al'lM.MU  \. 


47 


Udil  I'flli, 

Sir.." 

11'  |t»'«)|ilc, 

iritiiin  to- 

sontli  til 

ic  ]in»plt' 

I'    I'liitt'il 

tlint   tlif 

Willi  this 

•  not  iKtw 

inl  of  our 

■;»'  |u'(»pl»'. 

.'iiow,  iiiid 

.     ."il     Hi 

illitl   post. 

ijiist    coil- 

AiiK-ric;). 

t    llritiiiii 

II  support 

vc  slioiiM 

;iin|s,  rw 


I.  I.XVII. 


Ill  liy  til*' 

no  moil 
ml  iiiidi'i 
Wf  ai.' 

IVC    lilti'lv 

would— 

•.  all  tlia: 

ly  sati>< 

and  I'oii 

itStdf.    !'. 
» 


1  slH, 


\U\\  tin- 
t:<ai  t'\ 


tent,  il  co-oidiiiato  luaiudi  «)!'  the  f  rcatyiiiaKiiiL;  power.  \\  itlioiil  tludr 
iidvici'  arul  coiisciit  no  treaty  can  ln'  coiKdiidt'd.  This  powci'  coultl  not 
lie  iiitnistt'd  to  wiser  or  hcdter  Ijaiids.  i'.esides,  in  tlitdr  lei;islative 
cliiiraeler,  tlie.\  «'oiislitiite  a  portion  of  the  war  inaliin^'.  as  in  their  ex- 
ecutive capacity  they  coiiijiosc  a  pail  of  the  treaty  iiiakiiin'  power. 
Tlicy  iue  the  represeiitatiN  es  of  the  so\ creii;!!  Stales  ot'  this  I  nioii,  and 
are  reuardetl  as  the  liest  index  of  t  he  opinion  ol'  their  const  itiieiits.  A 
ivieetioii  ol  the  Uiitisii  iilt iiiiatiiiii  nii;:ht  prol-.ddy  lead  to  war.  and  as  a 
bninch  of  the  le;nislati\<'  power,  it  would  lie  iiicimilieiit  upon  them  to 
aiitliiiri/e  the  necessary  preparations  to  render  this  war  siiecessfnl. 
Iiider  these  considerations,  the  President .  in  deference  to  the  Senate, 
and  to  the  true  tli(  ory  ol'  the  constitiilioiial  respoiisiliiliiies  of  the  ditVer- 
cut  hraindies  of  tie'  ( lovermiieni,  w  ill  for(';:o  his  own  opinions  so  fai-  as 
to  siihmil  to  that  hody  any  pio|  o>itioii  whieh  may  lie  made  li>  tlie 
Ihilisii  (ioveinmei'.t  not,  in  his  jiiduiiu'iii,  wlioll\  iiK'oiisistcnt  with  the 
ri;:lit  and  honor  vt'  the  country.  Neither  is  the  fad  to  he  dis;;uis('d 
that,  from  the  spceidies  and  proeeedin^is  in  the  Senate,  it  is  prohahle 
that    a  preposition  to  adjiist  the  ()re'ii»n  <piestioii  on   the  parallel  ot"  III  ' 

would  r<eei\'e  their  fa\oralde  coiisideratii.ii.         .  •  .  * 

|:'.j  ''I'he  ('resident  is  desirous  so  to  adjust  the  ( )re;;on  tpieslioii  as 

net  to  leave  opei  any  source  Iroin  which  miulit  p "o- 
(ced  new  diniciilties  and  new  daii^it'is,  ai^ain  to  threaten 
tile  peace  ol    the  t  wo  count  lies. 


.^  i.hf*    nut    tn   li-iilr*. 

i"-ii   miy  i»ntir»'i*  «l 


The  I'n'sideiit  would  also  consent.  thoii;ili  with  reluctance,  to  >ulimit 


to  the    S»'liate    the    second    proposition    sii;:;;ested    l»y  yoii, 
dixidin;;'  the  territory  in  dispute  lielweeii  llie  two  loiiiil  lies,     .'."i' 
-hy  ext<'ndin;;llu'  Ixmndary  to  the  I'acilie  l»y  tin'  forty  ninth 
parallel   and   the   Straits  of    I'lica  ;  "   luit  without  the   super 
added   W(ir<ls  "with    free   ports    to   liotli    iiatioii.> 


•   I*  ri'  •«  I  il  f  It  t 

I  «t»t>rii(|  lit  Um 

vU-\Uv  lihi*-.|  40" 

.1     t    •      M'.iiU    i*C 


Tl 


lese    worUs    aio 


I  iiidetiiiite,  and  he  eaiiiiot  infer  from  them  tin*  extent  (.f  your  meanitiju:. 
Ill  case  the  lirst  projiositioii  to  which  you  refer  should  lie  maile  liy  the 
lliitish  j;o\»'rmnent.  the  I'resideiit  would  not  olijeet  lo  the  terms  of  hi; 
iitfei  ol  the  iL'th  .Inly  last. '•  to  make  free  to  (iieat  I'liitain  any  port  Ol 
|i(iit.s  on  \'anc<.ii\  <•!•  Island  south  of  this  paralhd,  which  the  Hiitish 
tio\crniiieiit  may  desire."  It'  tin' cape  of  this  island  should,  liow<'\t'r, 
lie  surrendered  to  (li'cat  Itiitaiii,  as  woidd  he  the  case  under  the  >iecoiid 
|iinposilion,  then  he  wouhl  consider  ilie  (piestion  in  regard  to  I'leejiorts 
as  terminated.  J  need  not  enlarge  to  you  upon  the  iiicoiiveiiieiice,  not 
to  say  impossihilii y,  under  oni'  system  of  ydNernmeiit,  after  om-or  inoi'«s 
Stales  (-hall  liav<'  lieeii  estalilislu'd  in  <  )reyoii.  lan  e\ cut  not  far  distant,) 
ot  iiiaUin;;  any  of  their  ports  tree  to  ( ireat  i>ritain,  <ir  any  other  nation, 
llesides,  »uir  system  of  drawhatdvs  secures  to  other  nations  the  material 
advanta;;('s  ol  tree  ports  without  their  incoii\  eiiieiiees. 

There  is  one  point  which  it  is  necessary  to  ;,qiard,  whether  the  lii  >t  or 
the  second  proposition  should  lie  siiltmitted  l»y  the  Hritish  /^[overnuieiit . 
The  .Strait  of  l-'iic.a  is  an  ,irm  of  the  sea,  and  under  the  piildic  law  all 
nations  would  pos.sess  the  same  ri;,dit  to  na\i;,Mte  it,  tliKiii'^hout  its 
aIkiIc  extent,  as  they  now  have  to  the  navi;;a(ion  of  the  l!i  itish  ( 'liann«d. 
Still,  to  prevent  future  dillieidties,  lhisou;.dit  t«>l>e  (dearly  ami  distin«tly 


understood 


l.viris  .\U  Lane,  Esq.,  dr.,  iCc,  iti 


•lAMLS  lU  tTIANA>'. 


i 


48 


j\o|?Tll\Vi:sT    WATKi:    I'.OI  NhAKV    AI{l!lTK.\TIO\. 


4H 


•No.  ;5S. 
Mr.  McLiinc  to  Mr.  lUtvhnnan. 

London.  Mnrrh  .;.  IS  10. 


MU 


Mr,        M.I.  in.- 


I  st.imli*  iiiiil  oldiiiiUMJ  ;iii   iiiifixifu  will)   l.md  AluTtlocii 
...m'.    ih'ii  '"('ir.'.',,  oil  the  l.'">tli  l''cl>riiarv.  »  »  * 

.m"',"I"i  ,*!.  r  ""ii",'  I  li;i\  (' lillh' or  iii»  I'vpi'ftatioii  tliat  this  ^joNi'iMimtMit  will 
iv''.'»'.'i'K. ,'.''','•".  olVcr  or  assent  to  a  lit'ltt-r  |i:trtitioii  tliaii  lli*-  fxlfiisioii  ot'  :i 
liii(M)ii  tlio  t'oit\  iiiiitli  |taiall<!  to  tin-  Straits  ot'  I-'iica,  ami 
lliciM'c  down  tlit>  niiiMli' ot'  tlii'  strait  to  tin-  racilic;  and  it'  tin-  lint' of 
llic  forty  iiintli  parallel  .slimilil  intersect  the  Colninhia,  a(^or(lin^  to  Mr. 
(iallatin's  proposition,  at  a  point  from  which  it  is  na\  iualde  to  the  ocoaii. 
with  the  free  na\i;;atioii  of  that  river,  at  least  for  such  a  peiiod  as  iii;iy 
be  neeessar.v  for  the  trade  of  the  Hudson's  Kay  (,'oinpaiiy,  they  will  also. 
)  am  tjiiite  sure,  expect  s.tme  arran^i'einents  foi-  tin'  proti'clion  of  the  jnc 
('111  a;4^riciiltiiral  settleineiils  of  llritish  siihjects  south  of  the  forlyiiint'i 
<le<;ree  of  latitude,  and  north  of  the  Colninhia.  If  the  Coliimhia  Itivci 
he  not  iiaviyahle  from  the  point  at  whiidi  it  would  l»e  IntcrsectttMl  l»\ 
tin'  extension  of  a  line  aloiiji;  the  forty  ninth  parallel.  I    Indieve   it   <pi,li' 

(•ertain  that  the  na\i;^ation  of  the  river  woidd  not  he  insisted  on. 

•  *  »  •  •  «  « 

I  must,  liowever.  lepeat  the  opinion  that,  \\hale\er  may  l»e  the  result 
of  aiiN  present  e\p»'ctatioii,  ami  accordin;:'  to  any  view  it  may  take  ot 
the  tpu'stion,  lliis  government  will  not  he  likely  l»)  propose  or  assent  tn 
a  Itasis  ot' partition  ditfereiit  from  that  I  have  alieady  stated  in  the  fore- 
;^'oin^' })art  of  this  dis|i:iteh.  if  there  he  a  dis|)osition  on  the  part  of  om 
<lo\«rnment  to  treat,  upon  tliat  hasis,  I  have  ;;reat  conlith'nce  that  the 
iu>;j^()tiatioii  would  result  in  an  amicahle  settlement  of  the  <pi.  stion. 

I.(JL'I.S  .M(  LAM<:. 
lion.  .1  AAll'.S  !5l  (IIANAN, 

Sorrltirff  vf  Stutv. 


Mv 

had 
aiiswe 
vou  til 

i.f  .Mm 
that  t 
ii('j:<»ti 
notice 


Ilolt 


m 


|lo| 


•N. 


.1!>. 


Mr.  Ihitis  III   !/(•.  Sliiniis. 


l,i»M>MN.  .l/»r/7  .'),  IS ji;. 

•n.- .ir.-...M  I .. ,       '^'v  I)i;ai:Siii:    l"ie  ()re;j[oii  (piestion  is  (low  as  yood  as 
in  TthV' wn    ^t'tlled,  provided  the  Senate.  Ity  a  ^ood  majority,  pass  theii 

'"'"""  paeilie  looluHoiis.      Voiir  p.unphlel.  Ity  Iimii:;  piddie  atteli 

tion  on  a  leasoiialth  mode  of  seltleiiieiil.  on  Itotli  sides  o|  tlie  water  lia^ 
(h)ne  more  than  ,ill  the  diplomatic  notes.  I  el.iim  tlie  merit  of  siijL>y;est 
111)4  the  nio(h'  ol  ;;cttin;:  rid  <d  the  tpiesiion  ol  tin-  ilndMin's  l>ay  Coin 
pans  and  the  na\i;>ation  ol  the  Colnmhia,  liy  allov\iii^  the  eoni)Mn;  to 
enjoy  it  for  a  li\ed  nnmher  (d  .\eais.  .Mr.  Mel.  me  and  the  (loveriimont 
had  not  ihon;;htot  it  In  tin-  ii>iiarlerly  is  an  uliele  written  hyrndiei, 
which  adopts  eompUleh  thes«'  view  s.  r  •  • 

JtXSIICA   r.ATICS. 


MK.Mnl.'lAI,    <»F     TIIK    IMTKI*    slMi: 


-AITLNMX. 


4fr 


No.    1<». 


1//.  Mr  I. <UU   tn  Mr.  IIhvIki 


lllllt. 


,i,  isn;. 
Alicidci  II 

IIH'Ilt  will 
isioii  ot'  :i 

•'ilcil,  illlll 
he  line  nl 
i)g'  to  Mr. 

lie  (MM'iiii, 
>ii  lis  iii:i\ 

will  also. 
'  tlH'  JHO 

ulyiiiiil'i 
hill  iiivi  1 
scctt'd  lt\ 
•  it  (inilc 
oil. 
• 

tllll  IVSIllt 

ly  talcc  of 
assent  tn 
I  the  fort'- 
art  of  oiii 
'  that  till' 

■itioii. 

• 

LANK. 


i,<iM»(>N.  A /nil  17,  ISiO 


SliJ 


ISKJ. 
yoiMJ   ii^ 
a^s  tlifii 
i(-  alti'ii 
alcr  liii>- 
siijl;m('sI 
la\  ("oil 

llMll^     111 

(M  miuMit 
("rokri , 

\Ti:s. 


My  (lisiiatcli  of  tlic  ITlli  of  Maicli.  alter  an  oppoi  tuiiity 
liMil  Im'cii  allbnl'Ml  of  seeiii;;  aial  relleetiii;;  upon  yoiir  liniil 
iiiisw«'r  to  Mr.  i'akeiiliaiir.s  proposal  to  arbitrate,  aeqiiaiiited  .' .i''.'''rii,."I.'.'i 


t      1  III  r  »*  *  •    tn  $l\f 


h  •'(  llif  !r.Nity  Itir 


>!  Or«-|iMt. 


yoii  that  vei'v  soon  after  the  date  of  the  last  noteolthi'  Karl 

iif  Aberdeen  to  Mr.  I'aUeiihani,  I  had  jiositively  ascertained 

tliiit  this  ^overnnieiit  would  tak«'  no  liiitlicr  step  toward  icnowin;;'  the 

iM'i:otiatiftii  until  after  < 'ou^ress  had   tiiial!\  acted   niton  the  (|uestion  of 

imtici'. 

•  ♦  •■  .  ♦  ♦  » 

I.OCIS   Mcl.ANi:. 
Hull.  ,1  \MKS   l;i  CIIANAN, 

Sivfi  (tin/  III'  Sfiilr. 


•No.    II 


I 


I! I  hurls  I'iniil  till  sjiiirli  nl'  Mr.    hii\  nl'  XiiV    )'i>rl,\  ill  (Itr  SiHi(h\  Frhrilil  11/ 

!!•.  is  Id. 

♦  *         •       ••The  historical  facts  are  too  well  autheii-     a.ij...'.  ,,.,.„  .h 

linited  to  he  liernianeiitly  niisuiidcrstooij.  They  were  so  !';'",",', !.'";';,'t:;nt 
well  known  at  tin*  time,  that  even  the  rivalry — not  to  say  -  "'" 
ilir  detraeti(Mi — of  the  day  conceded  to  (Iray  the  merit  ol  the  discovery 
U\  desi;;iiatin;;  the  rivci'  Ity  the  name  he  ;;a\('  it — the  name  (»!'  the  \<'ssel 
iliiit  Ih'st  cntcied  its  waters."  "  *  '  '•  Kook  at  the  tuap  oi' 
Oiciioii  on  \our  lahle.  hy  ('a|»tain  Wilkes,  and  you  will  timl  < ! lay's  r.a\ .  s«» 
iiaiiied  hy  r»iou;;hton,  (see  \'ancoii\  ei  ">  .loiinial.  \()l.  .'!.  p.  !tL',)  on  the 
iiuith  side  of  thf  ("idumbia.  and  hi^iicr  up  lliaii  Astoria.  Accordiii;^"  ti» 
tliay'sttw  n  lo;;-.  he  anchored,  the  da\  he  dismx  cied  and  entered  tin-  ri\er, 
!('li  miles  aho\e  the  eiitiaiice,  and  three  da\ --  afti-r  he  saihd  twelve  or 
lifteeii  miles  higher  Up.  He  must,  therefore.  Iia\  e  hceii  tiom  six  t<)  tilt  cell 
'ililcs  aho\-e  t  III'  -ite  of  the  set  lIcllM'Ilt   111  A-^Ini  ij.  ■  •  '  * 


N'o.    IL'. 
Mr.  Mrl.mir  In  Mr,  Jiiirlnti^'di, 

T.nNDiix,  M'li/  1>,  Isk;. 

_s;il<.  »  •  *  »  *  •»  <  * 

III  it»>    la^t    dispatch,  daiid   on  the  ,!d  instant,  alter  an      „    ,,,, „,„, 

iiter\  iew  \\ith  liOid  Alierdceii,  I  informed  \ou  that  as  soon   '  ..SV-ror'",©'; 

e*  he  leeeixeil  olli,  i.d  ililelli;;('nee  ot   the  Senate's  vote  upon         '    ' 

till*  resolution  of  notice,  he  would  proceed  linall.s  to  consider  the  snhjec.t 

<>t  nre<^oii.  and  direct    .Mr.  I'akenhain  to   siihmit   a  ttirther  jiropositioti 

li'oii  the  put  of  I  Ins  ;;ovenimi'iil  :  and  al-o  t  Im'  il  was  u  tide  istood  i  hat 

I  1> 


m 


.0 


NnKIIIW  i:>r    UAIKi;    I'.olM.AK^     AIMW  1  K'A  11' »N. 


If  wiiiild  not  1m'  |tii'\  ciilril  I'ldiM  laKili;;  t  Ills  r((iir>i'  liv  .iii\   (li<;i;;l '•••;ih 


I  if 


lict  ween  !li('  I  w  u  I  |iiii>t>  ii>  tit  1  iic  Inriii  ot    I  lir  linlirc 

I  liiixc  now  Id  ii(  (|ii;iiiit  ,\nii  tlinl,  iil'tci  tiic  i'<Tci|it  ol   voitr  ilispatrin  ^ 
Oil  til*-    l>*illi    iiist:iiil    li\    llir   ('iilctlitiiiii,  I  liaii  ;i  N'liutlit  iit'il   i-niilrrriii" 
\otli    l.oiil    Alifiilfcii  ;  i)ii    wliii'li   ucciivimi    i1m'   H'sniii|iti(»n   nl'  tiic   m 
UDl  iai  ii'li  lor  ail  aiiiii-altif  Sfttlrliiclit  nl  tlii'  ( >I'r]>,''i)|l  qiK'stinii.  ain; 
IT        llic  iialiiii'  ii!    the    |)in|M)'<it joii    lit-  coiitciniilatrii    'siilniiitliii;::  li' 
lli'iii  |iui|MiM'.  luriiiril  till'  siilijict  Ilia  lull  aiitl  I'li-i-  cuiiv  iisaliMii. 
I    liavt'  iiuv.    !i)  >tatf   ih;;i    iii>lriiotiiiii.->    will   in-   iraiisiiiittcil  to  Mi. 
raiviiiliaiii  l»\    tile    .••IcaiiK  r   o|'  to  iiinirnw.   to   slilniiil  a  lli-w  ainl    lilltiir; 
|iio|M>-itioii  (III    till'   [larl   i.i'  lliis  ;;((\  ('1111111111   I'or  a  ii.iililioii  oi   llic  iti 
iiltii,\  ill  ili~-|)iii('. 

'riic  |»ro]ii>.-.ii  i.ia,  most  |)i<iltaM\'.  will  otVci  .>iii».>t.i!i  iall,\  — 
l''ir-*l.  To  (ii\  idr   lite   tcnilors    hy  the   i-Mfiision   of  liic    liiic   im    iln 
pa  I  a  lit  I  ol'  loi  I  \  mill'  lo  1  lie  -^ca — that  i  •  lo  >a.> .  lo  ilii-  ai  .'1. 
of  ilic  M'a  i-allfil  r.iicii'.-,  i;a\  :  tliiiici'  li\  the  (  anal  (if  llaiu 


ll.r      |il.|..l|      in 

.  •   1M1«11>   V  llll.lt>-,   1 

1,.   >V    il,»    tt>ir(*i*' 
..>  ",,-,...f.,ll.'tirf  I'. 

iiir.  I.'.  11.' ,1  •"■i\      a 


Ki 


mi   Straits  ol'   i'm-a   to  tiii>   oi-can,  aii.l  fonlirniin;.:   to   lii 
I    liilcil  Males — wlial  iinlfi  li  1  !ii\   Woiilil  ]iossf.ss  \\  ii  IkuiI  ;ri 
sjH'cial   foaliiiuat  ioii— i  hi'   ii-jlit    lVci-l\    to    ii-f  ami    i;a\i;;a!c   t!ir   stia; 
tliioiiul'or.i  il  <  csti'ii!. 

Scrninl.  To  «i'fiiH'  lo  liii'  r.iiii>li  Milijccls  o('('ii |iy i ii;;'  lalids.  lolls.  aiii 
station-  a ii,\  v\ ! •(■!(■  in  ilu-  region  noi  i  li  nf  I  In-  <  'oliuiiliia  ami  voiii  inir  tli 
t'oiivninlli  )>aialii'l.  a  iK-rpciiiai  title  to  aii  tinii'  iaml^  and  >lalioii 
01  wliieli  lliey  iiia\  lie  m  aeiiial  oeeiiiial  ion  :  liaiile.  however,  in  all  p 
Npecls.  a-  I  iinder>tand.  to  I  lie  j  111  i.> diet  ion  and  m>\ cieiunt  v  ol'  t  lie  i  'iiite< 


^^lale•'i    a  >    ell  l/eiis    n 


1     the    riiiied    Mati 


siiniiai    pri\  ili'ues  v  il 


iit'l'eied  to  lie  e\t>iidi'i|  to  e:li/en>  nl  tin  I  idled  Stales,  who  mav  Inr  ■ 
.setlleineiits  north  id  the  lori,\  ■iiint  Ii  parallel:  tlioii;;h  I  piesniiie  ii  : 
pre||,\  well  lindelstood  tlial  there  ale  no  set  t  ieiiieiits  Upon  wliieh  ihi^ 
nominal  iniitiialit,\  eoiihl  operate.  I  lia\e  no  nieaiisid  aceiirately  a>eei 
lailiin.u  the  extent  of  (he  ple.x'lit  i'.liri-h  selllenielits  iielweeii  |!i. 
(oliiinliia  and  the  lolly  niiilli  parallel.  Tin'y  aie  mil  IndieM-d  oy  I.umi 
.Mteideeii  to  lie  nniiifloiis,  liiiwcver.  consist  inj;,  as  he  supposes,  i.l'  a  leu 
pri\ni.«'  laiiiis  ami  two  or  three  loiis  and  ;«taiions.  I  hasc  ainad.v.  in  .. 
]in'\  ions  dispateii,  taken  tiie  lilierl.N  to  reiiiiml  ymi  that  li\  I  heir  eharh; 
the  lliidson>  l'>a,\  (  onipany  are  prohiliited  Irom  aeipiirin.u  title  in  land' 
ami  that  the  oeeiipalions  to  lie  atleeted  hy  this  resersalion  have  lieen 
made  either  l.\  the  sipiatlei  s  ol'  thai  eoiiijt  in.\ .  or  hy  llie  l'n;;e('s  SoiiiMi 
Land  <  ',iiiipan\ .  lor  the  purpose  nl  e\adiii;:  the  piohiliiiion  ol'  the  ilii.l 
•sun's  I5ay  eliarter. 

The\  are,  in  poinl  oi  I'aet.  also,  aeeordili.^  to  Captain  \\i  I  lues's  aeeonr;, 
••nliivated  and  iixd  ( iiieil\  li\  the  per>ons  eiiipio\ed  in  the  ser\ii' 
ol'  the  roriiier  eompan\.aiid  a"*  au.\iliar.\  to  their  ;j;eneral  l)iisine>^ 
ol   linnliiii;  iind  trappin.L;'.  ratliei'  than  with  a  \iew.  as  it  has  lieeii   i^ciie 

iall\   Mippo>ed.  of  enliilii/in.L;'  or  ol'  lierinaiirnl   set  lieineiit. 
|-1.S|  'Lastiy.   Tlie   proposition   will  deinaml    lor  lite   llndson'^lli^ 

Coiiipanv  '.!ieii;^Id  id'  lieel\  iia\  ii^nt  ill-  I  he  ( 'oiiiiiiliia  I»i\  el. 

Il  wiii.  lio',\e\er.  a>  I  nndei-iand.  diMlaim  the  idea  id'  so\erei!;nl.\  "i 
id  the  li;.;ill  ot  e.vcrcisin;;'  ail,\  llirisdletloli  or  poiiee  whate\er  on  tin 
pait  id  I  ids  ;;o\  I'l  nnieiit  or  of  tin- eomp  im\  .  and  w  ili  euiiiemplate  old' 
ilie  ii;4hl  of  na\  i,;;aliii;.;  the  ii\(  1  iipoii  ilie  >.\\\\<-  fooling  and  airDidia. 
to  the  saiiH'  rei;iilathili>  as  may  lie  applieaUle  to  the  eiii/ens  of  ih; 
Cnited    St.iies.  ~  ,  ,  » 

li    IS   seareidy  ne>es>ar,\   for  im    lo  .>ta!'    llial  I  he  piopndlion  a>   ':y 
.salnnittiMl  lm>  not  leeeiMil  iii\  conntrtianee. 

.\l!honL;li   ii    !ia>  lie(  11  110  ea>\  task.  iiiider   all    the   eii  eiiiii.slaiicis.  !■ 


MKMoWlAI.    <'|-     Illi;    I  MlKh    >r\ll,^ A  I'l'KNMX. 


51 


li'iiil  In  a  If  oiMMiiii;:;  ol  tin-  in'i;(<i i.it iit;i>  li\  any  |»rn|i(i>itii.ii  tiuiii  tins 
^tivrniiiM'iit.  ami  lo  iiiiliifc  it  to  atlnjit  llir  paiallcl  nl  t'ortyiiiiic  as  the 
IkisIs  oI  a  iMiiiiitlai  \ ,  iM'Nci'iliflfss  I  liojicil  ii  v.nulil  lia\r  hrtMi  in  my 
|H»\vi'f  ti>  yivr  tlir  |ticst'iil  |»in|»ii.siliiiii  ;i  less  ultici-t ioiialijc  slia|>f.  ami  I 
most  ilv*-|il\  laim-iil  in\  liialMlity  to  ari'iiiii|)lisli  it.  I  lia\  r.  tlii'i't-loti-. 
till  it  my  <liit,\  to  tlisiMiiiiaur  any  i'\|M'clation  llial  i!  ufiiM  Itc  acffjitrtl 
lis  tlir  l'if.>iilciit.  Ill',  if  Niiliaiil  tcil  to  111, It  f)oi|\.  ap|»id\<Ml  ii>  tin* 
Siiiatf. 

I  (III  not  tliiiiiv  iln-ic  can  ttc  niii>ii  doaht.  lio',vi'\  «'i',  llial  an  im|iii'-->ioii 

ii.'>  ! n  proiliiciMl  licii- tlial   tlir  Si-na!.- wonltl  acf('|tt    tin-   |ifo|io>il ion 

iiii>\  olVfi't'il.  at  least  willioiit  matcii.il  iiioiiilieat ion,  ami   lliat    tin-  I'le^i 
(lent  wonltl  not  laUe  the  le-inmsiliilit  y  oi   n-jiTt  iiiu   it  witlioii!    ((tiivii||. 
1.,-   Ilie    Senate.  ,  . 

It  mn>l  no!  esrajie  o!»Nci\  ;ii  ion    that,  tliii  in;;    tlir  |)i  ceeilini;   .ulinini>- 
I  lilt  ion  of  oni'  ( ioNcrnnieiit.  the  e\  tension  oi'  tin*  line  on  t  lie 
i.iity  iiimli  parallel  to  t lie  Strait.- ol    i'm-a.  as  no.v  pinposetl 
ii\   I, mil  Alieitleeii.  w  as  aeliiallv  -ii;; jested   l»v   my  iiiiiiiedi. 


I  \if    n  *tn  \  r    vtx' 
•  •M.)    IliiulI'lKV  ttU'' 
Oi  «t   «ii«iit4«t**<l  liy 
>l      Kurt  II 


ite  preili'cessKr.     \I  r.  1 ',\  eiet  t.    as  one  lie  t  lloii'jhl    hi  ;  (  io\  erniiielit    liii^ht 


:irri'  If 


I   lia\  e   lli,\  -ell'   ah\a\  -  l»elie\  eil.   it'   t  lie  e\t  eii.-inn  of   tile  line  <  it    I  toll  in  I 

,n.\  o!i  till-  foitN  ninth  parallel  l>y  the  Stiaits  of  l'"nea  to  the  sea  wonhl 
'«e  aeeeptalile  to  oaf  (Io\  einiiienl ,  tli;!t  the  (leinaml  tif  a  li^ht  treely  to 
ii.i\i;;'ate  the  ('olamliia  L'i\ei'  eoiihl  lie  eo'iiproiiiiseil  iipon  a  point 
<it'  lime.  l>y  eoneeilili;.;-  it  I'of  s!iel|  pelioit  as  mi.i;lit  he  iieeesN.ir>  lor  the 
!!  ide  of  tile  llmlson's  l'ia\   I  ";iiii|iaii\ .  iioith  or  south  of  the  l'o!t\iiinth 

parallel. 
I'.i  ■  I  ha\  e  not   the  lea>t   iea>.o'i  to  >uppiise  it   would  li  •  posNihic   to 

ohtain  the  e\teii.-ioi!  ot'  the  foityiiiiitli    p;iialle|    to  thi-  sim.  so  as 
;••  uive  the  siiillheill  eape  ol'  \'aiieon\fl    Island  to  the   I'liileil  ."^tale,-. 


5 


i.oris  M.  I. am: 


lion,  .Iami  s   r.i  (MAN  \: 


Si)  II  liifij  (»/'   Stitti 


No.   I..!. 

Tin    F.iirl  !>/  Aliiiiliiii  In  Mr.  l'(il:nili<i: 
[i:\tr.i.t.J 


M  \\  H.  \su; 


The   it  iiiiidai\     .>aid  Lord  Aheidi-i-n  i  lia\iii;;   l»eeii    fixed    liy    the    eon- 
leiilioiiol    JSIS.  lii'I  ueeli    the    pdssessioiis  of  (Ireat     lilitaill 
iiid  the  I'liiled  Stales,  nnd   the  line  ol  (lemaicat loll  haxiiiii  i- r.  ii,,.  rum'n'inii, 

II  .11.  •      .1  II     I         .'    I      .  '  .        I        1'         '       iirit"l.r.-i  umwlli  ■ 

iieen  «'arned  aloiiu  the  h  It  \  iiiiil  ii.p.iiallel  ot   latit  iidi-  lof  a    '.-..ivi,,, vh, 

.  !•         •       I    .       I  1  l'  .1  II  .1  1        '    liu.llMr  Ku«)'i'e 

ilistanee  ol  ei^lit  handled  or  one  t  lioiisand  miles,  t  iiroii;;h 
.III  unriei|neiited  .111)1  niikiiowii  'omiiIiv,  from  the  Lake  of  the  Woods  to 
the  iloeivv  .Mountains,  it  appealed  to  the  (lo\crnmei:t  ol  the  I'liiled 
States  that  it  \v,in  a  natural  and  reasonalile  sii^'uestion  that  this  line 
slionid  lie  eoiilinned  ahui:.;  the  .same  par.illel  linahoiit  halfthis  distance, 
iiid  liiioi|;;|i  .1  coiiidr.v  as  little  knoui;  or  lieipn'iited  from  the  iJoeKy 
Moiiniains  to  the  sea.  And.  indeed,  with  reference  to  such  a  eoitntry. 
the  extension  of  any  line  oi  Itoiindaiy  already  fixed  miuht  eijiially  lia\e 
Ixeii  .sii;.;;;-ested.  whether  it  Ini  1  hoi'ii  carried  alonu  tile  forty-ninth  or 
:iny  other  parallel  of  lat  nude. 


I    tl 


52 


NOKTIIW  r..sT    \V.\li:i{    noiMiAIIV     \i;illTI{ATI(»\. 


Oil  (lie  (iIImt  liaiid,  liowcMT,   it    may    justly   be  ohscrvrcl   that    aii\ 
(livisi(»n  nl  ti'iiitMiy  in  wliirli   liotli  parties  |Missrss  (M|iial  ri;;lits  nii;rlii 
to  piucccil  on  a  pi'inciplt'  of  nintiial  <-oiiviMiirncc    lathrr  than  on  thr 
adhcifncr  to  an   iina^^inary  ;;fo^ra|)liii-al  line;  and    in   this   irspt'ct   it 
must   be  coiitrsscil  that   thi'  hoiiiiihiry  thus  piopostMl  wonhl  li<>  iiiani 
t'cstly  (h'lii'c(i\ ('.     It   wonhl  cxchnh'  ns  IVoin  cNciy  roinniodioiis  or  ac 
crssihlt'  harbor  on  tlic  coast:    it   wonhl  dr|>ri\(>  ns  of  our  loii;i.' c^tali 
lishc<l  means  of  watcrcoiniiinnicat ion  with  the  interior  for  tlie  proseeii 
tion  of  onr  trade;  and  it  would  interfere  with  tln'  possi'ssions  of  ItriliNli 
colonists  resitleiit  in  a  district  in  wiiich  it   is  believed  (hat  scarcely  an 

American  citi/en,  as  a  settler,  has  ever  set  his  foot. 
ITtO)  *Von\\iII  aecordinjily  in<»p(»sc  to  the  American  Sc<'H'tar\   oi 

State  that  the  line  of  demarcation  should  be  contiinied  idoii;;  the 
forty-ninth  parallel,  from  the  Rocky  .Mountains  to  the  sea-coast,  and  from 
thence,  in  a  southerly  direction,  tlironuh  the  ceiiler  of  Kin;';  (ie(ni:t''> 
Sound  and  the  Straits  of  .Inaii  de  I'nca.  to  tlie  I'acilic  ( >ceaii,  It  avinu  t  In' 
wh(»le  of  \ancoii\er  Island,  with  its  ports  and  harbors,  in  t ii"  posso 
sion  of  (ireat  l!ritain. 


No.  II. 


E.rtiuift  fi'inil  Ihf  sjKi-rh  o/'  Mr.  Il(ii>i>il,  i>f'  Missmirl,  in  th<'  S'Hiili\  ■Inm 
IS,  ISpl.  IhliiUi  (HI  the  rdtllicdiiini  of'  llir  Uniitin  trmlfi.  Ajijifiuli! 
(i>  llif  ('oii;it'>'s.siiniiil  al'ihi.,  Jirsf  siisiiHi  Tiri  iiti/  iiiittli  ( 'niiiinss.  IS|.")~ 
"hi.       I'lK/r  SH~, 


111  I'll 
iii^laiil 

|ol  thr 
I  »i"':;iin 
l-th  of 
\'rW  hill 
I  hi-  Srii 
li  "uillti 
Ii  llilli'll 
;n  1  Kl'ilil 
II.  r  Mil 
\t  iiliiiiit 

(iral 

lis  wel 
Icsliiii 
liiis  In 
ininiti' 
(Si  cell) 
|H'i  feel 
In  this 
or  ill  tl 
isfaclii 


"The  lirst  ailicleof  the   trcatv — and  il  is  thr   iiiaiii  o.ic.  and  aitiio- 
the   whole    ireatv — is   in    the   ver\    words  which    I    invscl 


Mr       ll> 11     I'lli'l 


l!nl^MiM.^X''.''»^  \voiild  ha\('  used  if  the  t  wo  ^iovi'inmeiits  had  lelt  it  to  iiir 
"■'""'•""■  to  draw  the  li*)iindary  line  bet  ween  them.  The  line  cstali 
lished  l»y  thai  article — the  proloii,i;atioii  of  the  boiindar'  on  the  cast  sidr 
of  (he  Ijocky  Mountains — follows  ihe  parallel  of  I't  to  the  sea,  with  a 
sli;ilil  dctlcctioii  tliroiij^h  the  Straits  o!  T'lica,  lo  a\oiil  ''iittiii;;'  the  south 
end  ot  \aiicoii\er  Island.        .  •  »  ,  • 

When  the  line  reaches  the  channel  which  sepiirates  \'aiicoiivci 
Island  from  the  continent,  (which  it  does  within  si;;'lit  of  the  month  ol 
I'raser's  IJi\  ei.  I  il  proceeds  to  t  he  middle  of  I  he  eh  ililicl,  and  thence, 
tiiriiiii;;' south,  throiijih  Ihe  ehaniiel  I  >e  Ilaio.  (wroii;' ly  writlen  Arro  on 
the  maps.  I  to  the  Straits  of  I'l lea  ;  and  t  hen  west  throiij;h  the  middle  ol 
that  strait  (o  the  sea."  .,.♦». 


No.  l."i. 

7'itrilrf  I'idiil  the  sfti  f<-h  of'  tht   Karl  d'  Alu  iiln  n  ii,  thr  llnnsi  ol'  Lorils,  Mnii 
ihii/,  -hini  •_'!>.  Lspi.     {iliiiis((rd\s  Dtbdm  ST,  JOuS.) 

When   T  saw  that  the  Si'tiate  and  the  TFoiise  of  [Jepresentatives  hml 

adopted  resoliitioii.ol  such  a  conciliatory  and  frieiidl) 

h.rirM.l.r»V.-'.«^^^^^^^^^  j."»l  I      'desciipjion.   I   did  not  dehivfora   moment   pntlinu 

111  111.' mti-niii-iiiiiiHi     '  ■   ,  II     •   1  .•II  .      '      ■  ..  1    ■     !  ■      I   . 

B,(.„(t..  III.' ir-.i,  aside  all  ideas  ot  diplomatic  etii|iiettc,  which    mi;;iil 

ha\e  Ie(l  me  to  expect    that  some  •.feps  would  be    taken  on 


l:'.itnici 


ilccisioi 

would  1 

;,'('nce  V 

hisr  atl 

wliieli, 

ill  the  I 

lect    (hi 

lory  of 

Preside 

to  disci 

into  .se\ 

Kiir  dill'i 

allied  tl 

The  tw( 

Ins  nm|i 

the  I'lii 

•onvent 

etller^vi^ 

the  deel 

vent  ion 


MMMmKIAI,    or     I  Ml.    I MIKI)    s  taTKs Al'l  r.M)I\. 


Illlt     ilU\ 


Is  Ml 


urlii 


II    on    till' 

l'S|l-M'l      it 

lie  iiiiilii 
IS  or  ;ic 
ii;:  t'stali 

p/OSCCIl 

)li'  l(i'iti>)i 


r-t'ly 


:iii 


H'till'.N  <'l 
ilnll^  lllr 
IIIhI  t'lOlM 

»\  inu  till' 


l»U>Sl'> 


III 


II  III 


Ir,  .1 
.\\tjH'nili 

.'.    isi:. 


till'  iitlirl  siilr;    Itllt,  w  itliollt  Wilitill'^  ;i   IlluliiflM,   I   pti-pairil  t  lie  <ll;lll;;|it 

(ijii  (MUivt'iitioii,  wliicli  was  si'iit  !>>  Ilic  piirkrt    ul    tlic   istli  ul    Miiv  to 
.Mr.  riikcllliiiin,  to    lii>    proposed  tor  the  acccptiilin'  ot  tlir  I'liitiMl  Stiitrs 
(Invci'iiiiiciit.     I  liiiM'   l>i-oii;;lit    with    iiir  ii   ii'ttrr  tioiii    .Mi.  I'akciiliaiii. 
wliirli  I  ici'civrd  this  tiiortiiii;.',  ami  ttoin  which  I  sliall  i«'a<l  an  cvtiart. 
Till'  htfcf  is  (latcil  the  VMM  olJuiic.  ami  .Mr.  I'akriihaiii  says; 

III  loiirniiiiilv  with  what  I  hail  thr  Iimihii  Id  Mlalr  in  iii\  di^iialih  \i>.  •' %  <>!'  tli<  Till 
ni^laiil.  I  lif  I'n'>'i<l''iit  m-iiI  a  inr>sa;jr  mi  Wnlni'Mlav  la^'l  li>  iIh-  Si  naif.  ••nlMiiitliM'4 
III)  thr  Djiiiiiiiii  III'  that  ImiiIv  thr  iliaii;^lit  ul'  a  rniiM'iit  inn  Inr  ihr  >rtth'inriil  III'  the 
( iii:;iiii  i|iir>tiuii.  wliiiji  I  wa>  iiistnirti'il  li\  mum-  hiii|shi|i'^  ili-<|iiit('h.  \i>.  I'.',  ul'  tin' 
l-ih  III'  May,  In  luuiior.c  I'df  ijic  ari'i'iilaiiri'  111'  iIh'  I'liili'ii  Siati"H  (iii\  rrmniiit.  Al'Icr  a 
itw  hiiiii-<'  ilriiliiTalioii  nil  ri.rh  iil'lhi'  ihiiT  <ia.\>.  Wriiiii'Mlav .  ThiirMlav ,  and  I'lulav , 
I  ill'  Sena  It',  !)>  a  iiiajnrilv  nl'  thirl, \  ri^lil  vnlrs  to  I  wrhi'.  aili>|iti  il  m'sIi  nlav  <-\  riiiii;;  a 
ii'Miiiitinit  ail\  i>in;;  thr  rirsiilriil  to  ai'n'|it  thi'trniis  iti'ii|iii>i't|  \\\  Hit  Ma.ji'>l>  ^  v;i>v- 
riiiiiit'iil.  'Ihr  l'rr-<iilriit  iliii  lint  hi'silati'  III  art  on  lliis  aihicc;  ami  Mr.  I'liirliaiiaii 
:ii  riiriliiiul\  si'iit  tor  nil-  tliii  nmrniii;;,  ami  inloitiii'il  im-  that  Ihr  romliliniis  ollrii'il  liy 
"  III  r  Maji'sl\'.s  yoMiiiimnt  wcii-  arri'iitcil  liv  the  ( io\  i  rnimiit  of  tin'  I  nitnl  Slahs, 
w  1 1  III  ml  till'  a  I  III  i  I  ion  or  altriat  ion  ol  a  .siii;;li'  w  on  I. 

<iratilyiii;;as  thisiiitclli;;'cm-)'is.  I  trrl  it  is  I  tut  an  act  ot  <ltii\  ami  iii.>ticc, 
lis  well  as  a  pleasure,  that  t  should  hear  the  triliiite  of  \\\\ 
Ifstiiiiony  to  the  most  riiemlly  and  conciliatory  «'oiirse  which  .«»ii  t.r  Mr'  m' 
lilts  been  adojiti'd  lt.\  the  liiited  Stales  minister  ill  this 
rniiiitry.  That  (gentleman  1  have  lotiLt  known,  and  Ion;;  had  leasoii  to 
isieem  in  ollicial  intercourse  lit'teeii  or  sixteen  yeais  a;;o;  and  I  am 
peiiertly  certain  that,  l»\  e\ery  means  in  his  )  'twer,  he  has  contrihtited 
(n  this  result.  1  am  well  assured  that  there  is  no  person  in  this  house 
111  ill  this  country  who  more  coidially  participates  in  the  leelin;;  of  sat- 
islai'tion  which  it  is  fitted  to  produce  than  Mr.  Mcl.ane. 


lie   es 


id  almo^'i 
I    insseli 

I    it  to  iiic 
tall 
east  sidr 

;i,  w  il  11    ;i 

the  SDlllli 


aiicoiisci 
mouth  1)1 

1    thelicf. 

1  Arro  (111 
liddle  lit 


11  lis.  Ml 


tivc 
>1  IriemllN 
t  piitliii.i; 
I'h  mi;.;lil 
taken  oii 


|.")1.'|  'No.   i<;. 

K.I t >iirt  finm   thr  .s/jccc/i  of  Sir  Rohirt   iWl  in    thr   Ihnisr  of  Cinnmous^ 

Moufhiy,  'lunr  •_".»,   ISKt. 

•  •  •  Sir,  if  anything;  loiild  have  indmud  me  to  ien;n't  that 
decision  on  the  part  of  the  House  which  terminates  the  ;;overnment,  it 
Would  have  het-n  the  wish  that  we  shonld  survive  tlm  day  when  intrlli- 
y:eiice  mi<fht  be  r«'eeived  from  the  I'nited  Slates  as  to  the  result  of  i)ur 
hist  attempt  t<i  adjust  the  ilillerences  with  that  country;  <lin'erences 
wliicli,  unless  speedily  terminated,  must  pioliaUly  involve  both  countri<>s 
ill  the  necessity  of  an  appeal  to  arms.  The  House  will  probably  recol- 
lect that  after  we  had  otVeretl  to  leave  the  dispute  lespectin^'  the  terri- 
tory (tf  the  <)re<;on  to  arbitration,  and  that  oiler  had  been  rejected,  the 
I'lesident  of  the  liiift'd  States  sent  a  messa;;e  to  Conyfress,  which  led 
to  discussions  with  re<^'ard  to  the  termination  of  the  convention  entered 
into  several  years  since,  which  pro\  iied  for  a  temporary  adjustment  of 
iiiir  dilVerences — at  least,  for  a  temporary  avoidanee  of  (piarrel — and  en- 
allied  the  two  cmmtrles  Jointly  I       Mcupy  the  territory  of  the  Ore^'on. 


The  X\\^^  Houses  of  the  Americai 


i>ii 


ress  advised  the  I'resith'iit  to  us«' 


Ills  umpiestionable  power,  and  X\    si^i^iify  to  this  country  the  <lesire  of 


It  111   I    ''"'  '^  "•^♦'"l  ^tiites  to  terminate,  j  'N  r  'lie  lapse  of  a  year,  the  existi 


W'Z 


(onvention.  They,  however,  addi'n  jo  iliat  advi<'e,  which  mi;;ht, perhaps, 
(itherwise  havii  been  considered  tif  an  unsatisfactory  ov  hostile  «liaractei', 
the  declarati«>n  that  they  <lesired  the  notice  for  the  termination  of  the  con- 
vention to  be;;iven,  in  order  that  an  amicable  adjustment  of  the  dispute 


IMAGE  EVALUATION 
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tt    12.2 

IM 


I?*    140    lllji  2  0 

U    IIII.6 


6" 


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33  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

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54 


NORTHWEST    WATER    liOlNDARY   ARBITRATION. 


ft! 


'Ill'*   wor<t 
trmty   w 
l.y   th 

F-try. 


I 


between  tlie  two  eountiies  might  thereby  be  facilitated.  It  appeared  to 
lis  that  the  addition  of  that  conciliatory  declaration — the  expression  of 
the  hoi»e  that  the  termination  of  the  convention  might  the  more  stron^Jy 
impress  npon  the  two  countries  the  necessity  of  amicable  adjustment — 
removed  any  barrier  which  diplomatic  punctilios  might  have  raised  to 
a  renewal  by  this  country  of  tlie  attempt  to  settle  our  ditterences  with 
,„.  the  United  States.  We  did  not  hesitate,  therefore,  within 
iinr,.i',''un'>,"  two  days  after  the  receipt  of  that  intelligence — we  did  not 
hesitate,  although  the  offer  of  arbitration  made  by  us  had  been 
rejected — to  do  that  which,  in  the  present  state  of  the  protracted  dispute, 

it  became  necessary  to  do,  namely,  not  to  propose  renewed  and 
f.j3]      lengthy  negotiations,  but  to  specify  frankly  and  *  without  reserve, 

what  were  tlie  terms  on  which  we  could  consent  to  a  partition  of  the 
country  of  the  Oregon.  Sir,  the  President  of  the  United  States  met  us  in 
a  corresponding  spirit.  Whatever  might  have  been  the  expressions  here- 
tofore used  by  him,  however  strongly  he  might  have  been  personally  com- 
mitted to  the  adoption  of  a  diftereut  course,  he  most  wisely  and  patri- 
otically determined  at  once  to  refer  our  proposals  to  the  Senate — that 
authority  of  the  United  States  whose  consent  is  requisite  for  the  con- 
clusion of  any  negotiation  of  this  kind ;  and  the  Senate,  acting  also  in 
the  same  pacific  spirit,  has,  1  ha.e  the  heartfelt  satisfaction  to  state,  at 
once  advised  acquiescence  in  the  terms  we  offered.  From  the  impor- 
tance of  the  subject,  and  considering  that  this  is  the  last  day  I  shall 
have  to  address  the  House  as  a  minister  of  the  Crown,  I  may,  perhaps, 
be  allowed  to  state  what  are  the  proposals  we  made  to  the  United  States 
for  the  final  settlement  of  the  Oregon  question.  In  order  to  prevent  the 
necessity  for  renewed  diplomatic  negotiations,  we  prepared  and  sent  out 
the  form  of  a  convention,  which  we  trusted  the  United  States  would 
accept.    The  tirst  article  of  that  convention  was  to  this  effect,  that — 

From  the  point  on  the  foity-uinth  parallel  of  north  Latitude,  where  the  bomulary 
laid  down  in  existing;-  treaties  and  conventions  between  Great  liritaiu  and  the  Tnited 
Sta;  ,s  terminates,  the  line  of  boundary  between  the  territories  of  her  IJritannic  Majes- 
ty and  those  of  the  I  'nited  States  shall  be  continued  westward  along  the  said  forty-ninth 
parallel  of  north  latitude  to  the  middle  of  the  chanuel  which  separates  the  continent 
from  A'ancouver's  Island,  mid  thence  southerly,  through  the  middle  of  the  said  channel, 
and  of  Fuca's  Straits,  to  the  Pacific  Ocean  ;  provided,  however,  that  the  navigation  of 
the  said  channel  and  straits,  southof  the  forty-ninth  parallel  of  north  latitvule,  remain 
free  and  open  to  both  parties. 

Those  who  remember  the  local  conformation  of  that  country  will  un- 
derstand that  that  which  we  proposed  is  the  continuation  of 

Sir     Itnlx-rt    PpcI V 

,nur,mt,,i„n  111,,,  tlio  forty-uiuth  i)arallel  of  latitude  till  it  strikes  the  Straits 
of  Fuca;  that  that  parallel  should  not  be  continued  as  a 
boundary  across  Vancouver's  Island,  thus  depriving  us  of  a  part  of  Van- 
couver's I.sland,  but  that  the  middle  of  the  channel  shall  be  the  future 
boundary,  thus  leaving  us  in  possession  of  the  whole  of  Vancouver's 
Island,  with  equal  right  to  the  navigation  of  the  straits.  *  *  # 
Sir,  I  will  not  occupy  the  attention  of  the  House  with  tlie  mere  details 

of  this  convention.  I  luive  read  the  important  articles.  On  this 
[54]      very  day,  *on  my  return  from  my  mission  to  I[er  Majesty  to  otter 

the  resigiuition  of  Her  Majesty's  servants,  I  had  the  satisfaction 
of  finding  an  oflicial  letter  from  Mr.  Pakenham,  intimating  in  the  fol- 
lowing terms  the  acceptance  of  our  proposals,  and  giving  an  assurance 
of  the  immediate  termination  of  onr  differences  with  the  United  States: 


WAsntNGTOX,  JiiHc  13,  184(>. 

Mv  Lom> :  In  ( onformity  with  what  I  had  the  honor  to  state  in  my  dispatch,  No.  (>', 
of  tl'.e  7tli  instant,  tie  President  sent  a  ruessage  on  Wcdncstlay  last  to  the  Senate,  sub- 


MKMOKIAL    OF    TIIK.    rXITEIJ    STATES APPENDIX. 


5.-) 


iiiittiiifj  lor  tlio  opinion  ol'tliat  body  tlic  di'an<4lit  oi'  a  convtutioM  for  tlic  scfllciniiit  of 
the  Oregon  (picstion,  which  I  was  instructed  by  your  lordship's  dispatch,  No.  I'J.  of 
the  18th  of  May,  to  i»roposo  for  the  acceptance  of  the  I'nited  States. 

After  a  lew  hours'  deliberation  on  each  of  tlie  three  days,  Wednesday,  Tlinrsday,  and 
Friday,  the  Senate,  by  a  majority  of  thirty-ei<?ht  votes  to  twelve,  adopted  yesterday 
evening  a  resolntiou  advising  the  President  to  accept  the  terms  proposed  by  Her  Majes- 
ty's government.  The  I'resident  did  not  hesitate  to  acton  this  advice,  and  Mr.  l$u- 
clianan  accordingly  sent  for  mo  this  morning,  and  informed  me  that  the  conditions 
iill'ered  by  Her  Majesty's  government  were  accepted  by  the  (iovernment  or'  the  I'nitcd 
Stat<'s,  without  the  addition  or  alttMation  of  a  single  word. 
I  have  the  lienor  to  be,  Ac, 

11.  PAKENHAM. 

The  Kight  Hon.  the  E.vnr,  av  Aukisokkx,  K.   J'.,  kS;c. 

Tliibs,  sir,  the  governinents  of  two  };reat  nation.^i,  iiiipellctl,  I  bolieve, 
by  the  public  opinion  of  each  country  in  favor  of  peace — 
by  that  opinion  which  ought  to  guide  and  influence  states- 
men— have,  by  moderation,  by  mutual  compromi.se,  averted 
the  dreadful  calamity  of  war  between  two  nations  of  kin- 
tired  origin  and  common  langimge,  the  breaking  out  of  which  might 
have  involved  the  civilized  world  in  general  conflict.  A  single  year, 
[lerhaps  a  single  month,  of  such  a  war  would  have  been  more  costly 
than  the  value  of  the  whole  territory  that  Avas  the  object  of  dispute. 
But  this  evil  has  been  averted  coibsistently  with  perfect  honor  on  the 
part  of  the  American  Government,  and  on  the  i^art  of  tho.se  who  have 
at  length  closed,  I  trust,  every  cause  of  dis.sen.sion  between  the  two 

countries.     *     *     Sir,  \  do  cordially  rejoice  that,  in  surrendering 
.'».■>]     power  at  the  feet  of  a  maiority  of  this  House,  T  have  the  *oppor- 

tunity  of  giving  them  the  official  assurance  that  every  cause  of 
quarrel  with  that  great  country  on  the  other  side  of  the  Atlantic  is 
aniicablv  terminated. 


Sir     UiiI.ert     Pi-t-l 
(i'-rliire^  every  riiu'*.* 

ot  dir.^t'll'*  inn  t»  H- 
Iw.'i'ii  llrrtaiij  :iii.l 
Alliecir;!  at  :in  (Till. 


tude,  reniaiu 


No.  47. 
^[r.  McLane  to  LoriJ  r<(Jiiic)\s(oii. 


July  1.".,  184G. 

*  *  The  treaty,  as  concluded  and  ratified  by  the  Tresident,  appear- 
ing to  bo  in  all  in  respects  identical  with  the  project  ad- 
mitted of  Her  Majesty's  (Jovernmcnt,  the  ratilication  on  rr..-','>i.MtniimM'h'e 
the  part  of  Her  Majesty  may  be  anticipated  as  not  likely  to  .is'.'Ua'hir.iMUB 
occasion  any  hesitation  ;  and  the  undersigned  has  been  in- 
structed to  express  a  desire,  on  the  ])art  of  the  President,  that  he  should 
be  able,  before  the  adjournment  of  Congress,  to  acquaint  that  body  with 
the  final  consummation  of  an  act  which,  he  cherishes  the  hope,  luay  be 
regarded  as  establishing  the  foundation  of  a  cor«lial  and  lasting  amity 
lietween  the  two  countries.  #  #  *  #  » 

i.OUIS  McLANi:. 

38  Harley  Stiieet,  July  Hi,  1840. 


5G 


NORTHWEST    WATER    BOINDARV   ARlilTRATlON. 


No.  48. 

Extract  from  IJx'ploration  du  tcrritoire  fie  VOregon,  etc.,  cxi'cutec  pemhuit 
Ics  annees  1840, 1841,  et  1842,  j>«r  M.  Dujiot  dc  Mofras,  attache  a  la 
legation  de  France  a  Mexique  ;  oitvrage  publie  par  ordre  du  roi,  sous  k.s 
auspices  de  M.  le  Marechal  Soiilt,  Due  de  Dahnatie,  president  du  conseil, 
et  de  M.  le  ministre  des  af aires  etrangercs.  Paris,  1844.  Tome  If, 
p.  135. 

Daus  I'espacc  qui  s'cteiid  de  la  terre  forme  jusqu'a  la  partie  est  de  la 
grande  ile  de  Quadra,  il  existe  une  foule  de  petites  iles  qui, 

ihr'.'i,-;'m,H' r.rFi'i'ro  iiialgro  Ics  abris  si'irs  qu'elles  off'rent  aux  navires,  i^rt'sentent 
a  la  navigation  de  grandes  difliculties.    Le  passage  le  plus 

facile  est  par  le  Canal  de  llaro,  cntro  Tile  de  (Quadra  et  Van  Couvcr  et 

celle  de  San  Juan. 


loGI 


*Xo.  49. 


I'aley'ff  Worls,  edition  of  1825,  vol.  it', page  So. 


II.  lu  what  sense  promises  are  to  be  interpreted. 
^    I  Where  the  terms  of  promise  admit  of  more  senses  than 

. npi' jr'ri'iR- p'roi'J,  one,  the  promise  is  to  be  performed  "in that  sense  in  which 
the  promiser  apprehended  at  the  time  that  the  promisee 

received  it." 

*  #  m  *      "  *  *  * 

This  will  not  differ  from  the  actual  intention  of  the  promiser,  where 
the  promise  is  given  without  collusion  or  reserve ;  but  we  put  the  rule 
in  the  above  form,  to  exclude  evasion  in  cases  in  which  the  popular 
meaning  of  a  phrase,  and  the  strict  grammatical  signification  of  the 
words,  dift'er ;  or,  in  general,  wherever  the  promiser  attempts  to  make 
his  escape  through  some  ambiguity  in  the  expressions  which  he  used. 


No.  50. 

Secretary  Monroe  to  the  American  commissioners  for  treating  for  peace 

with  Great  Britain. 

Department  of  State,  March  22, 1814. 
Gentlemen  :  Should  a  treaty  be  concluded  with  Great  Britain,  and 
Ameri,an.o,nm,»   R  rcclprocal  Fcstitution  of  territory  be  agreed  on,  you  will 
?sirto{?d,i;'n;!;i',',;  bave  it  in  recollection  that  the  United  States  had  in  their 
,ouihoH9 .  possession,  at  the  commencement  of  the  war,  a  post  at  the 

mouth  of  the  river  Columbia,  which  commanded  the  river,  which  ought 
to  be  comprised  in  the  stipulation,  should  the  possession  have  been 
wrested  from  ns  during  the  war.  On  no  pretext  can  tlie  British  gov- 
ernment set  up  a  claim  to  territory  south  of  the  northern  boundary  of 
the  United  States.  It  is  not  believed  that  they  have  any  claim  what 
ever  to  territory  on  the  Pacific  Ocean.  You  will,  however,  be  careful, 
should  a  definition  of  boundary  be  attempted,  not  to  countenance,  in 
any  manner,  or  in  any  (juarter,  a  pretension  in  the  British  government 
to  territory  south  of  that  line. 

JAMES  MONKOE. 


II. 


C  ^  S  E 


Ol'   Till', 


GOVERMENT  OF  HER  BRITANNIC  MAJESTY. 


8rHMITTKI>  TO   TIIIO 


ARBITRATION   AND    AWARD 


OP 


HIS  MAJESTY  THE  EMPEROR  OF  GERMANY 


IX  ACCOliUAN'CE   WITH 


ARTICLE    XXXIV    OF   THE    TREATY    BETWEEN    GREAT 

BRITAIN  AND  THE  UNITED  STATES  OF  AMERICA 

.SIGNED  AT  WASHINGTON,  MAY  8, 1H71. 


i 

•'I 


Carta 
y  1792, 1 
"t  Madr: 


TABLE    OF    CONTENTS. 


CiiHeol  tlie  govermneut  of  iler  JJritaniiio  M.-i 


estv  .. 


(Ji'fiiian  Aiiicr. 
I'llitioii.  rditidii. 
ItoIUGltoHl 


A  I^  1>  E  X  D  I  X  . 

N«».  I. 

Ailicles  XXX IV  to  XLII  of  the  treaty  bctweou  Groat  Britain  an.l  the  Unite.l 
States  of  America,  Bigue.l  at  WashinjitoM  ou  May  8,  1871    !   . .    .   .  ...  .-57        ^l 

No.  II. 

Copy  of  treaty  between  (Jreat  Britain  and  the  United  States  of  Anieri.^M 
8i>,'ned  at  Washington  on  June  15,  184*>....  Anitiit.i, 

No.  III. 

A  narrative  of  the  passage  of  His  Britannic  Majesty's  ships  Discoverv  and 
Chatham  under  the  command  of  Captain  Vancouver,  througl   5be  Sra   s 
t'S'liio  S5t'^'  Bir7h  ^?  the  channel  known  .4  theVesent  day 
S  23  W  and  N  72  ^       7^^^'''^/  'n'*!?'''*^*^  ^"  *V«  ^"^i^nt  Gulf  of  Georgia, 

' ;}9      8i> 

No.  IV. 

A  namitiye  of  the  voyages  made  by  the  Spanish  vessels  Sntiland  Mexicana 
in  the  year  1/92,  to  explore  the  Straits  of  Fnca.  (Kvtraced  from  to 
aeconnt  of  the  voyage,  publishe.l  at  Madrid  in  1H02)  .\  .1       .  .   . .  "  „      41        88 

No.  v. 

iiptaiu  Swauson,  Messrs.  An- 
iiariners,  Ac,  who  have  com- 
igating  tlie  straits  between 
'•*^« 47        98 

No.  AT. 


C  H  A  n  T  s . 


No.  I. 


vmo**^'*^'^"^*',^''^"^^^^^«"«^i""ento8  Lechos  en  la  Costa  \  O  d 
SS:l?02^)^'''''''  '^"*^'  ^'  '^'''^■"•"«'  y  «*••««  l>uuue8  de  ,^t-  Sao 


do  America,  en  1791 
gestad.    (Published 


i 


€0 


NOETIIVVEST    WATEU    linlNDARV    AKWTRATION. 


No.  II. 


'1 


A  cliait  sliowiiij;  ))art  oi'  t!n'  coaist  of  Xorthwowt  America,  with  tlie  tracks  of  His 
Majcstj'.s  wloop  Diwovcry,  and  armed  tender  Ciiatliam,  commanded  by  (Jeorjje  \  an 
coiiver,  CM].,  and  i)repare4l  under  lii.s  immediate  insiiection  by  Lieutenant  Jo.seidi 
li.iker,  in  wliieli  tlie  contiuentHJ  sliore  has  been  traced  and  determined  from  Latitude 
.')(t'  ;5U'  north  and  h)njj;itude  2'.U\  1  "2' east  to  latitude  .V*  15' north  and  lonjjjitnde 'j:i'^ 
10'  east  at  the  dill'erent  periods  shown  by  the  trades.     (Publislied  at  L()n(h>n  in  IT'J-. 

Si>    III. 

Xiirlh  Jinrriiii,  ircxt  count. — Ilaro  and  Jiosario  Straits,  surveyed  l)y  C.'ai)tain  O.  II. 
liichards  and  the  olHcers  of  Her  Majesty's  ship  Plumper,  iHi'iH-T)'.);  and  tlie  short  s  m 
Juan  do  Tuca  Strait  to  Admiralty  Inlet.    (From  Captain  H.  Kellett's  survey,  1847.) 

No.  IV. 

Aiwrtca,  norihircHl  <oaxi. — Strait  of  Juan  de  Fiiea,  surveyed  by  Captain  Henry  Kel- 
Ictt,  li.  N.,  1H47;  Haro  and  Kosaiio  Straits,  by  Cai)tain  (I.  H.  IJieJuirds,  K.  N.,  18.>- 
Admiralty  Inlet  and  Puf^et  Sound,  by  the  United  States  expiorinj;  expedition,  l."<41; 
south  coast  of  Cajie  Flattery,  by  the  same,  in  l^.jIJ. 

No.  V. 

Map  of  Oregon  and  I'pper  Ca.lifornia,  front  the  sinveys  of  John  Charles  Fremont 
and  other  authorities.  (Drawn  by  Charles  Preuss,  uuder  the  orders  of  the  Seuati: 
of  the  United  States.     Washiugtou  Citj,  1848.) 


:•-'] 


i'ASI-:  OF  THE  GOVERNMENT  OF   HER  RiaTANNIC  MA.IESTV. 


\3 


leclitiou,  1841; 


:);it,.l  4 


His  ^liijesty  the  Einj)en)r  of  (lOiinany  having  ctmsoiitcd  to  .iccept 
the  otUcc  of  arbitrator  between  the  (fovermneiit  of  tlie  LTiiited  States 
of  America  and  the  Government  of  Her  lUitannic  Majesty,  nnder  the 
provisions  of  Article  XXXIV  of  the  treaty  conchided  at  Washinp;ton 
on  the  Sth  May,  1S71,  between  the  United  States  and  Her  JJritannic 
Miijesty,  the  (lovernment  of  ller  IJritannic  ^Majesty  snbmits  to  the 
coiisideration  of  His  Majesty  the  Emperor  of  (lermany,  in  pursnanee  of 
Article  XXXYI  of  tlie  said  treaty,  the  following  case  : 

TFIi:  QUESTION  FOR  DKC'ISIOX. 

Tiie  <inestiou  snbmitted  to  the  decision  of  His  Imperial  ^lajesty 
attccts  so  much  of  the  boundary-line  between  Uer  Britannic  ]\[ajesty\s 
possessions  in  Xorth  America  and  the  territories  of  the 
United  States  as  is  comprised  between  the  continent  of 
America  and  Vancouver  Island. 

The  boundary-line  is  described  in  the  treaty  between  the 
United  States  and  Great  liritain,  of  June  L"),  184(),  in  the 
following  general  terms: 

TKKATY  OF  JL'XF  15,  1846. 

From  tlio  point  on  the  forty-ninth  paralkl  of  north  latitndo,  wlioro  ^  |^  ^ 
tho  bounda  ;  lino  laid  down  in  exi.stinfj  treaties  and  conventions 
['i]  between  *Great  Britain  and  tho  United  States  terminates,  tho  lino  of  boundary 
between  tho  territories  of  Her  Ikitannic  Majesty  and  those  of  tho  United  States 
sliiill  be,  continued  westward,  alonjf  the  said  forty-uinth  parallel  of  north  latitude,  to 
tlie  middle  of  tho  channel  ■which  sejjarates  the  continent  from  Vancouver  Island, 
and  thence  southerly,  throngfh  tho  middle  of  the  said  channel  and  of  Fnca's  Straits,  t<> 
tile  I'acilic  Ocean  ;  provided,  however,  that  the  navifration  of  the  Avhole  of  tho  sa'd 
iliannel  .and  straits  south  of  the  forty-ninth  parallel  of  north  latitude  remain  free  and 
"IKii  to  both  parties. 

The  question  more  immediately  submitted  to  the  decision 
of  His  Imperial  Majesty  is  described  in  Article  XXXIV  of 
the  treaty  of  Sth  May,  1871,  in  the  following  terms: 


Ai.|"'ii.li\  N' 


AlM>'li,i,j(    Nu.  1. 


TIIEATY  OF  MAY  C,  1871. 

Whereas  it  was  stipulated  by  Article  I  of  tho  treaty  concluded  at  W,^shin<i;ton  on 
tlu'  ir)th  June.  1H4(!,  between  Her  Britannic  M.'ijesty  and  the  United  States,  tliat  tho 
hue  of  boundary  Itetween  the  territories  of  tho  United  States  and  those  of  Her  I'.ritan- 
iiic  Majesty,  from  tho  point  on  tho  forty-nintli  parallel  of  north  latitude,  up  to  which  it 
liad  already  been  ascertained,  should  be  continued  westward  alontj  tho  said  parallel  of 
north  latitude  to  the  middle  of  the  channel  which  separates  the  continent  from  Van- 
couver Island,  and  thence  southerly  thronffh  the  middle  of  tho  said  channel  and  of 
Fiica  Stiiiits  to  the  I'acific  Ocean  ;  and  whereas  tho  commissioners  appointed  by  the 
two  hijjh  contracting  parties  to  determine  that  portion  of  the  boundary  which  runs 
southerly  through  the  middle  of  the  channel  aforesaid  were  un.ablo  to  aj;ree  upon  tho 
winie;  and  whereas  the  jjovernment  of  Her  Britannic  Majesty  claims  that  such  bound- 
iiry-lino  should,  under  tho  terms  of  tho  treaty  above  recited,  bo  run  through  the 
l.'osario  Straits,  and  the  Goverinneut  of  the  United  States  claims  that  it  should  be  run 
through  the  Canal  de  Haro,  it  is  agreed  that  the  respective  claims  of  the  government 
of  Her  Britannic  Majesty  and  the  (Government  of  the  United  Stat?s  slitiU  be  sub- 
[•!]  mitted  to  tho  "arbitration  and  award  of  His  M.ajesty  tho  Emperor  of  GermaJiy, 
who,  having  regard  for  the  above-nuMitioned  article  of  tho  said  treaty,  shall 
(li'tide  thereupon  finally  and  without  appeal  whicli  of  tliose  claims  is  ijujst  in  accord- 
ance with  the  trne  interpretation  of  the  treaty  of  .June  l.j.  1840. 


or 


C'J 


NOIMIIW  KSI'    WATKW    HolNDAIiV    AK'l'.ITRATK  »N. 


rt.  will  l>i'  ohscrvcil  by  His  Iiiipi'iiiil  .\riij(v-.ty,  tliat  wluMvas  the  ticiitv 
ul'  . I  line,  ISK;,  speaks  only  ol'  the  eliaiiiiel  wliieli  separates  the  eoiitiiieiit 
tVoin  N'aiieouvt'r  Island,  throiiyh  the  middle  of  whieh  the  l»oinnlar\ 
lino  is  to  l>e  niii,  the  treaty  of  1S71  speaks  of  the  K'osario  Straits  ami 
the  Canal  de  Ilaro  as  if  there  was  mori  than  one  channel  between  the 
continent  and  A'anconvcr  Island  thronj^h  which  tiie  boundary  line  niiiy 
be  run  and  Iw  continned  thron.uh  the  middle  of  [''ilea's  Straits  to  tln^ 
Pacific  ( )ceaii. 

It  will  be  '•onveiiieiit.  therelbre,  to  biiiiii'  to  the  attention  of  liis  tin 
l>erial  .Majesty  at  once  the  hydroni'aphy  of  the  entire  spiici- between  tlic 
continent  and  Nancomcr  Island  south  of  the  forty-ninth  parallel  ni 
north  latitude,  accordinj^'  to  the  best  information  which  is  in  the  jms 
session  of  Her  .Majesty's  ^■o^•ernlllent. 


TIIK  SlK'All'  OF  (IKOIMIA. 

The  forty-ninth  parallel  o!'  iiortii  latitude,  conliiiiied  west  wardly,  ac 
cordiii;;'  to  the  provisions  of  the  tvciitv  of  .Iiiiie  \~),  iSlil. 
strikes  the  upper  waters  of  the  ancient  (liilf  of  (Jeoryiii, 
(lesi;L;iiated  l)y  the  Spaniards  VA  Canal  del  J.Josario,  in  Seiniahmoo  JJii\. 
These  waters  are  now  termed,  in  British  charts,  the  Strait  of  (leorjiia. 
CoiitimuMl  across  that  bay.  the  parallel  line  intersects  a  narrow  i)eniii 
sula,  the  extreme  of  which  was  named,  by  \'ancouver,  J'oint  Kobeifx, 
This  i)oint  extends  about  one  ami  tliroe-(iiiarter  miles  (ICnolish)  south  nt 
the  ]»arallel  line.  Continued  across  the  Strait  of  Cii'()rfi,ia,  the  parallel 
line  strikes  at  an  acute  an.yie  a  line  drawn  southerly  through  the  middle 
of  the  channel. 

IJespectinji'  so  much  of  the  bi)undaryliiu^  as  extends  to  the  miihlle  dl 
the  Strait  of  (ieorj4ia,  theii'-  is  no  contio\'ersy  between  the  lii;nh  con 
tractin,!:;'  parties  to  the  treaty  of  June  15,  1  SKI,  that  it  terminates  at  a 
])oint  on  the  i»arallel  of  ti»^  north  latitude  in  the  miiUlle  of  tlu' 
1 4]  Strait  of  (Jeorj;ia.  Jt  is  with  re,!4ard  to  the  line  to  l)e  *dra\vii 
southerly  from  the  parallel  of -10-  north  latitude  through  the  mid 
die  of  the- channel  that  the  commissioners  of  the  high  contracting  par- 
ties have  been  unable  to  agree.  The  true  direction  of  such  aline  drawn 
toward  the  Strait  of  I'nca  would  appear,  from  a  survey  of  the  waters, 
to  be  southeast  by  east  for  a  distance  of  al)oiit  nineteen  miles,  where  tlu' 
Strait  of  (Jeorgia  gradually  (*xpands  to  a  width  of  nearly  forty  milos, 
and  may  be  saitlto  lose  the  characteristic  features  of  a  single  strait. 

The  space  now  entered  upon  is  encumbered  by  numerous  islands, 
varying  in  si/e  and  character,  among  which  are  tliree  navigable  chan- 
nels leading  into  Fuca's  Straits. 

The  most  eastern  of  the  three  channels  has  been  of  late  termed  in 
JJritish  charts  the  Hosario  Straits,  and  in  American  charts  llinggold's 
Channel.  The  most  western  is  termed  in  JJritish  charts  the  IlaroStvait. 
and  iu  American  charts  the  Canal  de  Arro.  The  latter  term  has  heeii 
borrowed  from  the  Si>aniards,  who  term  the  lower  part  of  the  strait  tlic 
Canal  de  Lo[»ez  de  Ilaro. 

There  are,  besides,  other  narnAv  passages  ;  but  they  may  scarcely  he 
considered  as  highways  for  ships  passing  from  the  Strait  of  Georgiii 
into  Fuca'S  Straits. 

THE  KOSAiao  STK'AIT. 

From  a  point  midway  between  Saturna  Island  and  the  continent  ami 
four  miles  (English)  south  of  I'oint  Whitehorn,  on  the  shoro 
of  the  continent,  the  waters  of  the  Strait  of  (Jeorgia  mery\' 


CA8K  OK  <;ri:at  immtain. 


Cu] 


iiiablc  cliiiii- 


oil  aliiio.st  the  .siiiiie  line  of  iK'uriiij;  (southoiist  by  cast)  into  tliu.^c  <»t  tlif 
Kosario  Strait,  jiassinj:-  eastward  of  tlie  siiiall  islands  of  I'atos,  Siiria, 
Matia,  and  Clai  k,  tlienct  between  the  hiiye  ishmds  of  linniini  and  Oreas. 
At  I'oint  Lawrenee,  which  is  the  eastward  ]>()int  of  <  >n'as.  tlie  strait 
trends  a  little  westward  of  soiilh  for  tiiree  or  four  miles,  (l'ji;;lisli,)  and 
tlien  leads  by  a  dne  south  course  into  the  headwaters  of  the  Straits  of 
Faca,  the  whose  distance  from  the  jtoint  al)(t\i>  nienlioiu'd  as  where  the 
Strait  ol' (leoruia  iner;^'es  in  the  IJosario  Strait,  i)ein,y  thirty  niili's,  (^ICim- 
lish.) 

'flic   width  of  the   IJosario  Strait  \aries  from  six  to  one  and  oiu'-tiiird 

niih's,  (ICn^lish.)     .Vt  its  northern  entrance,  lietwi-eii  the  island  oi 

.")]        Sncia  and  Sandy  I'oint.  on  the  *eontinent,  it  is  six  ndles  (i'lnuiish; 

across:  but  the  .Mden  Hank  lies  almost  Ijctweenthosc two  points. 

There  is,  however,  u  clear  ])assaiie  of  four  nules  (ICn^lish)  eastward  of 
llic  hank',  and  a  ])assaj:'e  of  one  and  a  half  miles  (I-Ji.t;lish)  westward. 
Till'  least  water  on  the  shoal  i)art  is  two  and  one-fourth  fathoms  illn,:; 
iisli.)  The  l)ank  itself  is  an  extensive  ])ateh,  beinj--  two  and  a  half  miles 
.lliiulish)  noi'th  and  south,  and  more  timn  one  mile  (Mn^lish)  east  and 
ui'st.  On  the  ;nieater  ]»art  of  it.  anclHuaue  may  be  liad  in  iVom  li\i-  to 
niiie  J'athonis,  ( l']n<;lish.) 

The  bank  is  not  really  an  im]>edinieiit  to  the  cliannel.  The  shoal  part 
III'  it.  which  woidd  be  «lan,^■erou.^  to  a  shii»,  is  of  small  extent,  and  is 
I'iisily  iivoided  by  j^ood  natural  leadin^'inarks  durinj;' tlie  day,  ami  by 
the  lend  at  inght:  ^vhile  it  is  a  manifest  advantage  to  a  sailing-\('ssel  to 
ill'  able  to  aiu'hor  in  a  moderate  dejith  should  calms,  strong  tides,  oi 
l'o,i;'s  I'cmler  it  desirable,  ami  ^vhen  it  Avoidd  ])robal)ly  be  imi)ossiblc  to 
fetch  a  harbor.  The  width  of  the  Jfosari*  Strait,  southward  of  the 
Alden  Uank,  .soon  decreases  to  three  ami  a  half  miles  ami  two  miles, 
iKiiglish,)  which  latter  is  about  its  average  l)readth.  JJetween  Cypress 
and  Jilakely  Islamls  it  is  as  narrow  as  one  ami  one-third  miles;  but 
sueii  opens  out  again  to  two  and  a  half  miles.  The  Uird  ami  Uelle 
liocks  lie  almost  in  the  center  of  the  strait,  three  ami  a  hall'  nules  (I'lig- 
lisli)  within  it.s  .southern  entrance.  The  former  is  an  extensive  rock,  1  "> 
I't'i't  above  high  water.  The  latter  lies  north-northeast  of  it,  more  tlian 
lialiamile.  (English,)  and  is  covered  until  near  low  water.  The  tides, 
which  sweei*  with  considerable  .strength  over  these  rocks,  are  ealcidate<l 
to  render  the  passage  between  them  dangerous  to  sailing-vessels  in 
calms  or  fogs ;  but  there  is  a  good  passage  on  either  side  of  them ;  that 
to  the  eastward  of  them  being  one  and  three-fourths  nules  (English) 
wide,  while  the  width  of  that  to  the  westward  is  one  ami  a  half  miles, 
(English.)  The  AViiliamsou  and  Denis  lloeks,  which  exteml  about  (tne- 
tliird  of  a  mile  off  the  soutUwe.st  side  of  Allan  I.slaml,  are  easily  avoide<l. 
The  former  is  22  feet  above  high  water;  the  latter  awash  at  low  spring 
tides. 

The  Davidson  I'ock,  occasionally  uncovering  itself  at  low  spring  tides, 
lies  three-fourths  of  a  mile  (English)  east  by  south  of  (Jolvilie 
i'»|  Island,  *and  is  easily  avoided,  as  it  is  marked  by  kelj).  The  only 
other  hidden  danger  which  has  been  discovered  to  exist  in  JJosa- 
rio  Strait  is  the  Painuna  Iveef,  which  extends  one-third  of  a  mile  (iCng- 
lish)  ofl'  the  northwest  end  of  Siiudair  Island.  This  reef  is  marked  l)y 
keli),  find  uncover.s  itself  at  low  water.  A  rock,  also,  which  is  about  the 
fiame^  distance  west  of  Jloek  Islet,  near  the  north  end  of  Cypress  Islaml, 
is  also  marked  by  kelj),  and  uncovers  itself  at  low  water. 

The  tides  in  Itosario  Strait  run  v.itli  considerable  .strength.  In  the 
narrow  part  between  Cypress  and  Ulakely  Islands  they  have  been  found, 
during  .spring  tides,  to  excee<l   six  miles  (English)  an  hour;  in  other 


'-''•' 
^i^ 


i;::; 


J,  K| 


(14 


NORTMWKST    "  ATKR    HOINDARY    AlffUl  RATKj.N. 


I 


l>iuts  (»f  th«'  strait  tlicir  velocity  is  fVoiti  two  to  liv<!  niilrs,  ( l-hi^jlisli.) 
The  (loptli  oi'  water,  however,  Weiii;^  from  twenty-live,  to  tliirtytive  liitli- 
oms  over  the  jjreater  jmrt  of  the  strait,  a<lmits  of  vessels  aiiehoriii^' any 
where,  if  it  sh(mhl  be  necessary;  but  tlie  jnost  desirable  stopiun^'placcs 
are  Fidalyo  Uay,  on  the  western  sitle  of  the  island  of  the  same  name; 
Walmouth  JJiylit,  on  the  southeast  side  of  I^opez  Island;  the  (Ineiiics 
I*assaj;;e  an<l  Strawberry  JJay,  on  the  west  side  of  Cypress  Island. 


Tin:  (ANAL  l»i;  llAl.'n. 


On   the  other  lian«l,  the  Canal  de  Ilaro,  from  the  point  where  the 
Strait  of  (Jeorgiii  niav  be  said  to   lose  the  eharaeteristic 

Cll  T  *    S    '     1  * 

features  of  a  sinji'le  strait,  takes  a  direction  about  southwest 
and  a  half  south  between  the  east  point  of  Saturna  Island  and  the  small 
j'sland  of  I'atos,  for  a  distance  of  ei}i;ht  miles,  (Knylish;)  it  then  turns  to 
the  westward,  and  runs  in  a  direction  southwest  by  west  for  ahnost  an 
e(|ual  distance,  until  between  Stuart  and  ^Moresby  Islands,  where  it 
turns  to  the  southward,  and  runs  for  a  farther  distance  of  about  twenty 
miles,  (Hnjilish,)  trending;' to  the  scmtheast,  when  it  strikes  the  Straits  ot 
l^'uca. 

Tin*  width  of  the  Canal  de  Ilaro  at  its  northern  entrance,  between 
Kast  I'oint  and  I'atos  Island,  is  two  and  one-half  miles,  (Knj;lish,)  wluiv. 
trom  th(^  strong  tides  and  irrejjiularity  of  the  bottom,  heavy  races  occur: 
about  the  same  width  is  carried  tor  twelve  miles,  (Ku<^iish,)  when. 
|7|  between  Turn  I'oint  and  Moresby  *lslaud,  it  decreases  to  some 
thing  less  than  two  idles,  (I^^nglish,)  and  the  narrowest  i)art. 
which  is  bet\M'en  Situart  Island  and  Cooper's  Ueef,  is  one  and  tiircc 
fourths  miles,  (l-'nglish.)  After  ])assin<;'  south  of  Henry  Island,  it  gradii 
ally  widens,  and  is  inor*!  than  six  miles  in  breadth  when  it  enters  tin' 
Straits  of  Fuca. 

The  water  is  deeper  and  the  depth  is  more  irregular  in  tlie  (^'anal  de 
Ilaro  than  in  the  liosario  Strait,  and  though  the  tides  run  with  about 
equal  velocity  in  both,  the  former  is  more  subject  to  irregularities  aii<l 
races. 

The  eastern  or  San  duan  shore  of  the  canal  is  bold  and  steep. 

After  passing  San  Juan,  when  northward  of  Jleiiry  Island,  very  stroiiu 
and  irregular  tides  are  met  with,  and  there  are  rocks  otf  Spieden  Island 
which  must  not  be  approached  too  close. 

Off  Turn  Point,  on  Stuart  Island,  there  are  strong  whirls  and  eddy 
tides;  and,  unless  with  a  commanding  breeze,  a  sailing-vessel  is  liable 
to  be  turned  round  by  them  and  lose  the  power  of  her  helm. 

On  the  western  side  of  the  canal  the  principal  dangers  are — 

The  Zero  llock,  and  its  neighboring  shoals  in  Cormorant  Bay ;  also 
the  Kelp  Keefs,  which  extend  southward  and  eastward  of  Darcy  Island. 

Cormorant  Bay,  however,  affords  good  anchorage.  To  enter  it  vessels 
may  safely  stand  in  midway  bet^veen  Gordon  Head  and  Zero  Rock,  and 
anchorage  in  nine  fathom.s,  where  they  will  be  free  from  any  consider- 
able tide.  The  Low  and  Bare  Islands,  northward  of  Sidney  Island, 
should  not  be  approached  very  close,  and  Cooper's  Beef  should  be  par- 
ticularly avoided.  The  Hood-tide  sets  strongly  to  the  northwest  through 
the  Miner's  Channel,  and  sailing-vessels  would  be  very  liable  to  be  sit 
into  it  during  light  winds. 

riumper  Sound,  on  the  northern  side  of  the  bend  of  the  strait,  between 
Stuart  Island  and  the  east  point  of  Saturna  Island,  is  a  good  anchor- 
age, with  a  moderate  depth  of  water  for  vessels  .seeking  shelter,  and  oiio 


CASK    t)V    anV.VV    111?!  IAIN. 


ol'tlio  few  iimoiii;'  tlio  <:froii|)  of  islands,  \vlii(!h  is  of  easy  acci'ss  to  a  sail- 
In }?- vessel. 
|,S|         (  (twlitz  I'lay.  on  tlit-  wt-sicni  side  of  VN'aldron  "Island,  is  also  an 
cxccllcnf  sto|»|)in;u  plaiT,  easy  of  aeccss  oi'  i'^rcss. 

Tlicri'  are  two  small  anchorages  in  Stnait  Island,  Keid  and  I'revost 
Harbors,  Imt  they  aic  only  suited  to  small  vessels  or  steamers. 

A  vessel  passin;^'  tliroiiji'li  the  Canal  de  Ifaro  may  seek  shelter  in  any 
lit  the  al>o\-e mentioned  anehora;ies,  hut  the  ;;reat  depth  and  ii're;;nlar 
iialiue  of  the  bottom  \\o(dd  render  it  impossible  for  hei'  to  an(dior  any- 
where in  the  main  channel. 

Such  is  the  most  complete  account  which  Mer  Majesty's  (iovernment 
is  al)le  to  lay  before  Mis  Imperial  Majesty  respectinj^'  the  hydrography 
of  the  two  «'hannels  which  are  in  conti'oveisy. 

(n;i<;i\  OK  Tilt;  namks  df  'iiik  two  ciiawki-s. 


With  I'efi'ard  t(»  the  oii^in  ol' the  respective  names  of  the  two  <'hann(ds 
there  is  some  iiiMcrtainty.     ]''i'om  an  acc(Mint  published  by  Mr.  Kobert 
(ireenhow,  the   librarian  of  th«^  J)epartment  of  State  of   the   United 
.States,  in   his  "  llistoiy  of  Oregon   and  Calilornia,"  (Boston.    ISlo,)  it 
would  appear  that,  in  the  summer  of  17!M>,  an  .ittemi)t  was  inadi^  by  the 
S]»aniards  to  explore,  the  waters  supposed  to  be  identical  with  a  nortji- 
west  jtassajie  leadinj;  into  the  Polar  .Sea,  whi  di,  aiuiordinj;'  to  an  ancient 
tradition,  had  been  <liscovered  in  thesivti  'nth  'cntary  by  a  (ireek  pilot, 
called  conimonly  .luan  de  J''nca.     I''or  tint  purpose,  ti>  (piote  Mr.  (Ireeii- 
liow's  v.iM'ds,  (History,  ]).  -21,)  "  Klisa,  the  commandant  of  Nootka,  de- 
taclicd  Lieutenant  (^uimper,  in  the  sloop  5'iincess  Jloyal,  who  tra(!ed 
the  passa;;e  in  an  east wardly  direction,  examiinnj^  both  its  shores  to  the 
(listan<'e  of  about  a  hundred  miles  from  its  mouth,  when  it  wasobserved 
to  branch  off  into  a  nundter  of  smaller  passages  toward  the  south,  the 
cast,  luul  the  north,  some  of  which  were  channels  between  islands,  while 
others  appeared  to  extend  I'ar  into  the  interior.     (,)uin>i)er  was  unable, 
froui  want  of  time,  to  penetrate  any  of  these  passages  ;  and  he  could  do 
110  more  than  note  the  positions  of  their  entrances  and  of  .several  harbors, 
all  of  whic.'h  are  now  well  known,  though  they  are  generally  dis- 
fO|       tinguished  by  names  *difterent  from  tho.se  assigned  to  them  by 
the  Spaniards.    Among   these  passages  and  harbors  were  the 
("anal  de  Caamano,  afterward  named  by  Vancouver  Admiralty  Inlet ; 
th(^  IJoca  de  Flon,  or  Deception  I'assage  ;  the  Canal  de  Guemes,  an<l  the 
Canal  de  Ilaro,  which  may  .still  be  found  nnder  tho.se  names  in  English 
charts,  extending  northward  from  the  eastern  end  of  the  strait;  i'ort 
Quadra,  the  Port  J^iscovery  of  Vancouver,  said  to  be  one  of  the  best 
harbors  on  the  racitic  side  of  America,  v,  ith  ]*ort  (>)uimper  near  it  on 
the  west ;  and  Port  ISunez  (hiona,  called  I'overty  Cove  by  the  American 
I'ur-tiaders,  situated  a  few  miles  east  of  Cape  Flattery,  where  the  Span- 
iards attemi)ted,  in  ]7!»L*,  to  torm  a  settlenuMit.     Jlaving  ])erformed  this 
duty  as  well  as  possible,  nnder  the   circumstances  in  which   he  was 
l>laced,  (Juimper  retnrned  to  Nootka,  where  he  arrived  in  the  beginning 
of  August." 

It  is  probable  that  it  was  npon  the  authority  of  Quim])er,  who  was  an 
ensign  of  the  royal  navy  of  Spain,  that  the  nam  ?  of  the  Canal  de  Jfaro 
was  given  to  the  strait  which  .separates  Vancouver  Island  from  the 
island  of  San  Juan,  in  the  Spanish  chari  of  the  discoveries  made  on 
the  northeast  coast  of  America,  annexed  to  the  narrative  of 
the  expedition  of  the  Spanish  exploring  vessels,  Sutil  and  on.i.N,,.  i 

Mexicana,  which  was  published  at  Mad 'id  in  1802,  by  order  of  the  King 
of  Spain. 
5  D 


!1PP 


(yii 


NOIITHWi:,ST    WATKR    l{Oi:NJ)AKV    AKMUTUATIoN. 


I 


:;!h 


A  i'i'«"ii<li\  \'i.  1. 


A  very  brief  allusion  is  iiuule  >ii  tlie  (list  eiiapter  ot"  that  narrative  to 
(^Miimjier's  exiiedition.  lie  is  stated  to  have  sailed  from 
the  Tort  of  NootUa  on  3Iay  .'Jl,  ITltO,  to  have  reeoiinoitercd 
the  I'ort  of  Claueaud,  (in  Van<!onver  Island,)  to  have  entered  after 
ward  into  the  (Janal  of  Fuea,  to  have  visited  certain  ports  and  jiart  of 
tiie  coast,  to  have  taken  surveys,  and  to  have  retired  on  the  1st  ot 
Aufiust,  til  3  weather  not  perniittiny'  him  to  continue  his  labors. 

Mr.  (Jreenhow  cites,  as  his  authority,  the  journal  of  (^uiniper's  voy- 
a};e,  among  the  manuscripts  obtaiiu'd  irom  tin)  hydroj;^ra[»hical  depart 
nient  at  JNladrid. 

On  the  other  hand,  the  name  of  L'osorio  Channel  appears,  from  tlio 

narrative  of  the  Sutil  and  iMexi(!ana,  to  have  tuiginated  with 

1 101      Lieutenant  *I'ilisa,  who,  prior  to  the  arrival  of  those  vessels,  had 

penetrated  into  the  uppei-  waters,  now  called  the  Strait  of  Georf-ia. 

and  had  given  to  them  the  nanu'  of  '•  El  Canal  del  JJosario." 

That  mime  is  accordingly  given   to  those  waters  in   tlic 

chart  which  represents  the  course  of  that  expedition.     Vancouver,  on 

the  other  hand,  in  his  chart,  to  which,  reference  will  W 

nuide  hereafter,  assigns  that  nau)e  to  certain  narrow  waters 

farther  north,  which  separate  the  continent  from  the  island  now  caliod 

Texada.     How  the  name  has  come  to  be  applied  in  modern  days  to  tlio 

waters  of  the  Strait  of  (Jeorgia,  as  they  are  traced  southerly  throuiiii 

the  islands  until  they  Join  the  head(|u.arters  of  the  Straits  of  Fuca,  does 

not  api»ear.    No  name  was  in  use  at  the  time  when  the  treaty  of  Juiif 

lit,  184G,  was  concluded,  to  distinguish  these  waters  from  the  uppm 

waters.     Tlwjaet,  hoicenr,  is  clcar^  that  the  name  assUjncd  hy  the  Spaniards 

to  the  upper  waters  of  the  ancient  (iulf  of  (ieorgia   is  used  in  the  present 

(lay  to  denote  the  channel  irhich  Her  Majestifs  yorernment  maintains  to  he 

the  true  continuation  of  that  strait. 

The  expedition  of  the  Sutil  and  ^Nlexicana,  in  170-,  api>ears  to  have 
\„p,n,i,xN..  I,  ascended  the  Straits  of  Fuca  to  its  headwaters,  haviiij; 
'"'""''•  touched  tirst  at  Fort  Cordova,  (now  Fsquimalt  Harbor,)  at 

the  southern  extremity  of  V'Uicouver  Island.  It  thence  proceeded  he 
tween  the  Island  (►f  iJonilla  (Smith's  Island)  and  the  southeast  point  ot 
Lopez  Island,  at  that  time  believed  to  be  one  and  the  same  island  witli 
San  Juan,  until  it  reached  the  mouth  of  the  Caiud  de  (hiemes,  whicii 
separates  the  Island  of  (luenies  Irom  the  continent.  The  expedition 
then  passed  up  that  strait  into  the  "  Seno  de  (laston,"'  now  Uellinghaiii 
liay,  ami  thence  along  the  i)assage  which  separates  the  islaifd  ol 
Facheco  (now  Lummi  Island)  from  the  continent,  into  the  upper  waters 
now  known  as  the  Strait  of  CJeorgia.  The  two  vessels  contiiuied  their 
voyage  onward  in  those  waters  past  the  promontory  of  Cepeda,  after 
ward  called  Foint  Koberts  by  Vancouver,  and  were  employed  in  recoii 
noitering  the  IJoca  de  Florida,  the  tirst  large  inlet  north  of  I'oint  Fob- 

erts,  when  they  were  Joined  by  Vancouver. 
[IIJ  The  expedition  uncler  Vajicouver,  after  making  *a  complete 
survey  of  the  Strait  of  Fuca  up  to  its  headwaters,  had 
also  passed  onward  through  the  channel  between  the 
the  northeast  point  of  Lopez  Island  and  the  continent ;  but  instead  ol 
directing  its  course  eastward,  like  the  Sutil  and  Mexicana,  on  reachiiii; 
(luemes  Island,  it  continued  its  course  northward  along  the  main 
channel,  which  separates  lilakely  Island  from  Cypress  Island,  and 
anchored  in  Strawberry  Fay. 

Thence  it  pursued  its  course  between  Orcas  Fsland  and  Lummi  (Ta 
checo)  Ishuul,  until  it  reached  Jiirch  Fay.  Fassing  onwaid,  it  pursued  a 
north  and  west  course  jtast  I'oint  Koberts,  and  fell  in  with  the  Sjianisii 


So    -J. 


CASK  OF  (;i;eat  Britain. 


fi7 


vessels  Siitil  and  Mt'xicjina,  a.s  alivady  iiiciitioiicd.  olV  tjic  first  large 
inlet  north  of  Point  Ifoherts. 

Tin*  narrative  of  N^ancouver's  expedition  was  made  imUlie  in  17*.».S,  and 
there  was  annexed  to  it  a  ehart,  in  which  the  eourse  of  the  ex[>editiim 
is  traced  throngh  the  present  Rosario  Strait,  and  son nding's  are  given 
at  the  enirani  (!  and  in  various  ])arts  of  that  strait,  and  in  the  upper 
waters  of  the  ancient  gulf  in  continuation  of  that  strait. 

The  name  of  the  Canal  de  Arro  ai>pears  also  in  this  chart,  assigned  to 
the  lower  ]>art  of  the  strait  which  separates  Vancouver  Islaml  from 
t^an  Juan;  but  the  parts  on  the  west  and  north  shores  of  these  waters 
are  not  shaded,  intimating  that  Vancouver  derived  his  information  from 
Spanish  authorities. 

No  soundings  whatever  are  given  of  the  Canal  de  Ilaro,  either  in 
Vancouver's  chart  or  in  the  Spanish  chart  annexed  to  the  inirrative  of 
the  voyage  of  the  Sutil  and  ]Mexicana. 

The  chart  of  Vancouver,  in  w  hich  the  soundings,  as  above  mentioned, 
are  laid  down,  has  been  the  guiding  chart  for  all  Dritish 
vessels  navigating  the  waters  between  the  continent  and 
Vancouver's  Island  from  171)S  until  some  time  after  1847,  when  a  more 
accurate  survey  was  made  of  the  Strait  of  Fuca  by  Ca])tain  Kellett :  and 
there  is  evidence  preserved  in  the  logs  of  vessels  in  the  service  of  the 
Hudson's  liay  Com[)any  prior  to  that  year  that  it  was  their  invariable 
practice  to  use  the  Kosario  Strait  as  the  leading  channel  from  Fuca's 
Strait  into  the  upper  waters  now  known  as  the  Strait  of  Ceorgia. 
iL'J  *Mr.  Greenhow,  in  his  'Olemoir  on  the  Northwest  Coast  of 
Xorth  Anu'rica,"  (Xew  York,  IHii),)  page  l.'iO,  says  that  "the  ob- 
servations of  Vancouver  form  the  basis  of  our  best  maps  of  the  west 
eoast  of  America,  from  the  thirtieth  degree  of  latitude  to  the  ni.rthern 
extremity  of  Cook's  inlet,  as  also  of  those  of  the  Sandwich  Islands,  which 
he  surveyed  with  care.  The  maps  contained  in  the  atlas  annexeil  to  the 
jctmnal  of  the  voyage  of  the  Sutil  and  Mexicana  are  nearly  all  copied 
from  those  of  the  British  navigator.*' 

kx'|'i:nt  of  ffcas  sriiAiT. 

It  will  have  been  observed  by  His  Imperial  Majesty  that  Her  ]MaJes- 
ty's  (iovernment,  in  si>eaking  oi'  Fuca's  Strait,  uses  that  ex- 
pression to  denote  the  iidet  of  the  sea  whiidi  extends  from 
•  'ape  Flattery  to  Whidbi^y  Island,  whiijh  lies  off  the  American  conti- 
nent. The  utmost  length  of  Fu(;a's  Strait  would  thus  extend  over  about 
-  -  .V  of  longitude,  eipnd,  in  that  latitude,  to  about  SO  miles,  (lOnglish,) 
when  it  merges,  at  its  southeast  extremity,  in  Admiralty  Inlet,  and  at 
its  northeast  extreinitv  in  Kosario  Strait. 


lii..rt  N".  H. 


NAVIGATION  OF  FCrA'S  STlf.MT. 

The  Rosriio  Strait  and  the  Canal  de  Ilaro  are  l»oth  of  them  connected 
iiinnediately  with  I-'uca's  Strait,  so  tlmt  it  is  possible  for  a 
vessel  setting  out  from  a  port  on  either  sick',  of  tin;  channel,  '^  ' '  ^ 

under  the  i'.Hh  ])arallel  of  north  latitude,  to  i)ass  by  either  of  these  inter- 
vening channel"  into  l''uca's  Strait,  and  thence  to  the  Pacilic  Ocean; 
with  thisdiJVerence,  however,  thata  vessel  ]i((ssin(f  doini  the  Jiosnrio  IStrait 
w((uld  enter  Fiu'a's  Strait  at  its  eastern  end  in  about  121'^  47'  west  lon- 
gitude, the  proper  and  safe  course  for  such  a  vessel  being  to  the  east- 
ward of  Davidson's  Hock,  at  tiio  distance  of  about  1  mile  south  of  Cape 
Co.ville,  and  .so  ivould  have  to  navigate  the  inhale  of  Fuea\s  iSt rait  ou  its 


68 


NORTHWEST    WATER   BOUNDARY   ARBITRATION. 


11 


way  to  tlie  Pacific  Ocean,  whereas  a  vessel  passing  down  the  CaimJ 
[loj      tie  Jiaro  can  keep  a  safe  *course  between  Discovery  Island  and 

the  Mi(ldh>  Bank,  and  enter  the  Strait  of  Fiica  in  about  123o  Ki' 
west  ionyitnde,  and  so  would  only  he  ohlU/ed  to  naviffate  ahout  tico-tliinh 
of  Fuca^s  iStrait  on  its  way  to  the  J'aciflc  Ocean.  On  tho 
(hart  N,,. )  other  hand,  a  vessel  entering  Fuca's  Strait  from  the  Pacific 

Ocean,  and  bound  vp  tite  liosario  atrait  by  night,  after  making  the  light 
upon  ]{ace  Island,  would  have  to  make  tlie  light  upon  New  Dungeness, 
which  is  about  70  miles  from  Cape  Flattery,  and  then  the  light  upon 
Smith  or  Jilunt  Island,  which  lies  almost  in  the  centre  of  the  east- 
ern end  of  Fuca's  Strait  and  about  (J  miles  from  the  entrance  of  the 
Kosario  Strait.  Having  made  Smith's  Island,  the  vessel  may  pass  safely 
either  to  the  northward  or  the  southward  of  it,  according  as  the  wind 
may  allow.  In  the  former  case  she  would  probably  have  to  pass  within 
.'J  miles  of  Cape  Colville  before  she  can  enter  the  Itosario  Strait. 
On  the  other  hand,  if  she  is  obliged  to  keep  a  course  to  the  southward 
of  Smith's  Island,  she  would  probably  have  to  pass  within  3  miles  ot 
Whidbey  Island  before  she  reaches  the  entrance  of  the  Kosario  Strait. 
She  might  thus  be  obliged,  in  one  or  the  other  case,  to  navigate  within 
the  three  miles  limit.  On  tlie  contrary,  a  vessel  entering  Fuca's  Strait 
from  the  ocean,  and  bound  up  the  Canal  deHaro,  will  not  be  under  any 
necessity  to  pass  within  territorial  waters  on  either  side  of  the  boundary 
line  in  order  to  reach  the  entrance  of  the  Canal. 


i  !  i 

6     I   I 


Having  thus,  in  the  first  place,  brought  under  the  consideration  ol 
His  Imperial  Majesty  the  physical  features  of  the  waters  through  whicli 
the  boundary  line  is  be  drawn,  pursuant  to  the  provisions  of  the  Treaty 
of  the  l.^th  June,  1S40,  Her  Britannic  Majesty's  Government  proi)oses. 
in  the  second  place,  *^o  submit  to  the  consideration  of  His  Imperial 
jMajesty  certain  rules  of  interpretation  which,  in  the  ojjinion  of  jurists 
of  the  highest  authority,  are  applicable  to  the  interpretation  of  Treaties, 
and  which,  in  the  opinion  of  Her  Britannic  Majesty's  (Government,  may 
be  i)roperly  invoked  to  elicit  the  true  interpretation  oithe  treaty  of  tin- 
loth  June,' 184G. 


[14] 


-RULES  FOR  THE  INTERPRETATION  OF  TREATIES. 


There  are  certain  a<lmitted  Kules  to  which  Her  Majesty's  Government 
invites  the  attention  of  His  Imi)erial  ^Majesty,  as  proper  to  be  observed 
in  the  interpretation  of  Treaties: 

1.  The  irords  of  a  Treat}/  are  to  he  talen  to  he  used  in  the  sense  in  which 
theij  were  eommonli/  used  at  the  time  when  the  Treaty  w<(s  entered  into. 

In  artirniatiom  of  this  rule,  Vattel  ( 1.  ii,  chap.  17,  sec.  L*71)  writes :  "  in 
the  interpretation  of  Treaties,  conjpacts,  and  i)iomises,  we 
Ml.  ought  not  to  deviate  from  the  common  use  of  language  un- 
less we  have  very  strong  reasons  for  it;"  and  in  illustration 
of  what  lie  means  by  "the  common  use  of  language,"  he  goes  on  to  say. 
in  section  272,  "The  usage  we  here  speak  of  is  that  of  the  time  when 
the  Treaty  or  the  Deed,  of  whatever  kind,  was  drawn  up  and  concluded. 
Languages  incessantly  vary,  and  the  signification  and  force  of  words 
changes  with  time." 


Vall.'l.  1. 
Hll. 


CASE    OF    GREAT    BRITAIN. 


69 


ica's  Strait 


2.  Ill  interpretinff  any  expressions  in  a  Treaty,  rcyard  must  he  h'td  to  the 
context  and  spirit  of  the  whole  Treaty. 

In  aftirmiition  of  this  rule,  Vattel  (ibid.,  sec.  285)  writes  as  fol- 
lows: V;,ttH|,,L,„l.,  „.,■.•.'*•.. 

It  fipqiiently  happens  Miat,  with  a  viow  t ,  ('oiiciHeiiess,  p(M>ple  express  imppilectly, 
and  witli  some  dt^f^reo  of  obscurity,  tliiii<^s  wliich  they  suppose  to  be  sutliciently  eluci- 
(liitt,'<l  by  tlie  pnicedinjj;  niatt«ir,  or  which  tliey  intend  to  exphiin  in  the  se<iuel ;  and, 
moreover,  words  and  <'xpressions  have;  a  ditt'ereiit  force,  sometimes  even  ji  quite  difter- 
tiit  signitication,  according  to  the  occasion,  their  connection,  and  their  rehition  to  otlier 
worfls. 

Thi!  connection  and  train  of  the  discourse  is,  therefore,  anotlier  source  of  interpre- 
tation. W(!  must  consider  the  whole  disconise  tojj;ether,  in  order  pertectly  to  ((Miceivo 
tiie  sense  of  it,  and  to  jfive  to  each  exi»ression  'lot  so  much  the  sif^nilication  which  it 
may  indivichially  ndniit  of,  as  that  which  it  onj^lit  to  have  from  the  context  iind  spirit 
of  the  dis(;ourse.  Such  is  the  nuixim  of  the  Roman  hiw  :  "Incivih-  est,  nisi  tota 
[I.')]  h'<?o  p(!rspe(,'ta,  una  aliijua  particuhl  ejus  pro[iosilA,  *judicartj  vel  respondere." — 
(Diyest,  1.  i,  tit.  iii,  De  Leijibus,  h'g.  24.) 

3.  The  interpretation  should  he  drawn  from  the  eonnection  and  relation 
of  the  different  parts.  .  / 

Upon  this  rule,  Yattel  (ibid.,  sec.  2SG)  writes  as  follows:  ,r':',:,'''',4; '''''''' 

Tiie  very  connection  and  rehition  of  the  tliinf;s  in  (juestion  lielps  also  to  discover  iind 
r-.ta))lish  th<!  true  seiisi'  of  the  Ti'eiity  or  of  any  otiier  pi<!ce.  The,  interprt^tation  ou^ht 
til  be  HKub;  in  sncrh  a  manner  that  all  the  ])arts  may  appear  consonant  to  each  other — ' 
iliat  what  follows  may  agree  with  what  ]ueccde<l,  unless  it  evidently  apjiear  that,  by  the 
-liliseipient  clauses,  tlie  parties  inten(b'd  to  nuike  some  alteration  in  the  preceding  on(;s. 
li'f  it  is  to  bt!  presumed  that  Miti  authors  of  a  deed  had  an  nniform  an<l  steady  train  of 
iliiiiking;  that  they  did  not  aim  at  inconsistencies  and  contradictions,  but  rather  that 
ilii'V  intend».'d  to  exitlain  one  thing  by  another;  and,  in  a  word,  that  one  and  the  same 
spirit  reigns  throughout  the  same  production  or  the  same  Treaty. 

4.  The  interpretation  should  he  suitahle  to  the  reason  of  the  Treaty. 

Ill  illustration  of  this  rule,  Vattel  (ibid.,  sec.  287)  writes:  v.tt.i  ii.  ...jHr. 

The  reason  of  the  law  or  of  the  Treaty — that  is  to  say,  the  motive  which  led  to  the 
laking  of  it  and  the  objeitt  in  (contemplation  at  the  time,  is  the  uu>8t  certain  clius  to 
iiil  us  to  the  discovery  of  its  true  meaning;  and  great  attention  should  be  paid  to 


II 


le  circumstance  whenevi^r  there  is  question  either  of  explaining  an  ob.scure.  ambigu- 
ous, indeterminate  i)assage  in  a  law  or  Treaty,  or  of  a|iplying  it  to  a  iiarticular  case 
W(«  certainly  know  tlu!  reason  which 


lien  onc< 


iitlliflici;     ,>I'«V11(1III1\      l\ll,Fi,      III,;     i,ii>-,,  fii     ,,iiii.iifii,fii,Tiiiif-,, 1,^1,  111; 

■isoii  speaking,  we  ought  to  inter|»ret  and  apjtly  his  words  in  t 
at  reascui  ahme  ;  otherwise,  he  will  be  niaile  to  speak  and  act  c 


one  has  determined  the  will  of  the 

I  nuinner  suitable  to 

contrary  to  his  inten- 


W 

1" 
til 

lion,  and  in  opi>osition  to  iiis  own  views. 

I'nrsuant  to  this  rule,  a  prince  who  on  granting  his  daughter  in  nnirriage  has  jn'oni- 

i-i'd  to  as.'-ist  his  Inteinded  son-in-law  in  iill   his   wars,  is  not  bound  to  give  iiim  any 

assistanc(>  if  the  marriage  does  not  take  pho'e. 
[I'i]        'But  we  ought  to  be  very  certain  that  we  know  the  Uwo  and  only  reason  of 

the  law,  tlni  promise,  or  tht(  Treaty.  In  imitter.s  of  tliis  natiu'e  it  is  not  aliow- 
:ible  to  indulge  ill  vain  and  nncertain  conjectures,  and  to  supi»ose  reascms  and  views, 
"hen;  tluji'e  jire  noim  certainly  known.  If  tlm  piece,  in  (|uestion  is  in  itself  obscure — 
if,  in  order  to  discover  its  m<,'auing,  we  have  no  other  resourc(;  than  the  investigation 
of  the  author's  views  or  the  nu)tives  of  tin;  d(>e<l,  we  may  tiwMi  hav(!  recourse  to  con- 
jecture, and,  in  default  of  alisolute  certainty,  adopt  as  tlu!  true  im-aning  that  which 
iias  the  greatest  degr(!e  of  proiiabiliry  on  its  side.  But  it  is  a  dangerous  abuse  to  go 
without  necessity  in  search  (»f  nu)tives  and  unttertain  vimvs  in  order  to  wrest,  restrict, 
or  extfuul  the  meaning  of  a  deed,  which  is  of  itself  sulHciently  clear  and  carries  no  ab- 
sinility  on  tlu^  faces  of  it.  Such  a  procedure  is  a  violation  of  that  incontestable  nnixim, 
tiiat  it  is  not  ullowablo  to  interpret  what  ha.s  no  need  of  interpretation. 

It  may  be  observed,  by  the  way,  that  the  motive  of  the  Hifth  ('ou- 
tractinjif  Parties  to  the  Treaty  of  1S4(J,  aud  the  object  they  bad  in  view, 
are  explicitly  stated  in  the  L'reaiubleot  the  Treaty,  so  that  it  will  not  be 
necessary  for  Flis  Imperial  ^Majesty  to  travel  out  of  the  v.ords  of  the 
Treaty  itself,  for  the  purpo.se  of  ascertaining-  tlu^  rea.son  of  it. 


m 


\4 

4' 


i 


.8 

I     V,,, 

i 


70 


NORTH\VE.ST    WATKR    BOUNDAKV    ARHITRATION. 


.">.  Treaties  are  to  he  interpretett  in  a  favournUh-  rather  than  an  otiioiis 
sense. 

Ill  illiistiiitioii  of  this  inU>  Vattcl  (il)i<I,,  sec.  ',M )  \viit«'s: 


V,itl.-I.    I.     .,   ili.ip. 

It  will  not  ln!  (lifiiciilt  to  sliow  in  ycntTal  \\li;it  tilings  aii.'  fjivonriiMf.  and  what  are 
«)(lioii8.  Ill  the  first  iilacc,  i'\ civthinj;  tiiat  tends  to  tiif  coininon  advanta^;!.'  in  (.'onvt-ii- 
tionis,  or  that  lias  a  teiuliMicy  to  jdacf  IhcContractin^f  Parties  on  a  l'ootin<;'  of  ei|iiality. 
is  favourahlc.  The  voiee  of  eciiiity  and  tlie  <j;en(ial  rule  of  contracts  lecinire  that  tin- 
conditions  Itetwcn  the  jiartics  should  be  e(|niil.  We  aro  not  to  Mresmne.  without  very 
strong  reasons,  that  one  of  the  C  )ntractin;;  I'artiesinteiuhMl  to  fav(nir  the  t>ther  to  iiis 
own  prejudice;  but  there  is  no  (!•  ;ii;er  in  extending  what  is  for  the  common  advantage. 

If,  thorei'ore,  it  liajtpens  luat  theContracrting  Parties  have  not  made  known  their 
[17]     "will  with  siirticitMit  cl«'ariiei<s,  and  with  all  tlie  nec(^ssary  jnecision,  it  is  certainly 

more  conformable  to  einiity  to  seek  for  that  will  in  the  sense  most  favourable  to 
cfinality  and  the  comnioii  advantage,  than  to  suppose  it  in  the  contrary  scmisc.  For  the 
same  reason  everything  that  is  not  for  the  common  advantage,  everything  that  teiitlh 
to  destroy  the  ('(jiiality  of  a  contract,  everything  that  onerates  inily  one  of  the  (tarties, 
or  that  onerates  tin-  one  more  than  the  otlua',  is  odious.  In  a  Treaty  of  strict  friend- 
sliip,  nnion,  and  alliance,  everything  which,  without  Ixiing  burdensome  to  any  of  the 
parties,  t<!nds  to  tin;  common  advantage  of  the  Confederacy,  and  to  draw  the  lionilsot' 
the  nnion  closer,  is  favourable.  In  unequal  treaties,  and  especially  in  une<|ual  alliaiwes, 
all  the  clauses  of  iiK^iuality,  and  priiici|)ally  those  that  oiuu'ate  the  inferior  ally,  air 
odious.  Upon  this  principle  that  we  ought,  in  cases  of  douitt,  to  extend  what  leads  tn 
C(iuality  and  restrict  what  destroys  it,  is  founded  that  wtdl-known  rule — "  Incomnioda 
vitantis  iiielior,  (|naiii  comnioda  ])etentis,  est  causa."  (Quiiictilian,  Inst.  Orat.,  1.  vii. 
ell.  iv.)  The  party  who  endeavours  to  avoid  a  loss  has  a  better  cause  to  support  than  lie 
who  aims  at  obtaining  an  advantage. 

().  Whatever  interpretation  tends  to  ehamje  the  existim/  state  of  things  at 
the  time  the  Treati/  was  made  is  to  be  ranked  in  the  class  of  odious  thinfin. 

Vattcl,  (ibid.,  sec.  305,)  in  illustration  of  this  rule,  observes  that  "the 
v.,ti.i.i. ii. ,i,ap.    proiuietor  cannot  be  deprived  of  his  rij^ht,  excei)t  so  far 
IS, sec. m  precisely  as  he  relinquishes  it  on  his  part;  and  in  ca.se  ol 

doubt  the  presumption  is  in  favour  of  the  pos.ses.sor.  It  is  less  re[)uji- 
nant  to  equity  to  withhold  from  the  owner  a  pos.session  which  he  ha.s 
lost  through  his  own  neglect,  than  to  strip  the  just  possessor  of  what 
lawfully  belongs  to  him.  In  the  interpretation,  therefore,  we  ought 
rather  to  hazard  the  former  inconvenience  than  the  latter.  Here  also 
may  be  applied  in  many  ca.ses  the  rule  above-mentionetl,  (sec.  301,)  that 
the  i)arty  who  endeavours  to  avoid  a  lo.ss  has  a  better  cause  to  support 
than  he  who  aims  at  obtaining  an  advantage." 


[LSJ  *I[er  nritaiiiiic  Majesty's  Government  will  now  proceed  to  sub- 

mit to  the  consideration  of  His  Imperial  IMaJesty,  in  the  third 
place,  their  views  as  to  the  proper  appliciition  of  the  above  rules  to  the 
interpretation  of  the  Treaty  of  loth  June,  I84U. 


t;ie  Fiif.sr  kule  of 


INTEIxM'RETATIOX    I\   IT.S 
TREATY  OF  1<4(). 


AIM 'LIGATION    TO    THE 


CInrI  No.  i. 


In  accordance  with  the  iir.st  ruhi  abov»'  mentioned,  Her  ^Majesty's  Gov 
ernmeiit  submits  to  the  consideration  of  His  Imperial  Majesty  the  fol 
lowing  facts  in   supi)ort  of  the  po.sition  that  the  narrow  waters,  now 

desiginited  the  Itosario  Strait  in  liritish    Charts,  were  the 

only  channel  between  the  Gontinent  and  Vancouver's  l.sland 
generally  Inoivn  and  commonly  used  by  seayninfi  vessels  at  the  time  when 

the  Treatv  of  lath  June,  1840,  was  made,  and  that  the  words 
t,- no,,ri„  s,,,ii  "  tl«e  (hannel,'   in   tlie  signincation   winch   eonnnon  usaoe 

ailixt'fl  to  them  ;it  tl^at  tiin  ,  tlciiured  tiiose  waters. 


CASE    OF    (iREAT    HRITAIX. 


71 


\|.l..-.,,l,x  No.  1. 


(1.)  Vancouver's  expedition,  in  IT!)!',  after  exploring  the  head-waters 
ot  J'nca's  Strait,  passed  on  to  the  northward,  ah)n<j;-  tlie  narrow  waters 
which  separate  Lopez  IsUmd  from  what  was  then  believed  to  be  the 
Continent,  and  followed  those  waters  in  their  eoiirse  between  Blakely 
IsliHid  and  Cypress  Island  into  Jiireh  Bay,  and  thence  i>assed  onwards 
to  I'oint  Koberts  and  the  upper  waters  of  the  ancient  Clulf  now  called 
tlie  Strait  of  (leorj>ia.  Sounding's  were  made  throughout  the  passsaj,a^, 
which  are  stated  in  Vancouver's  narrative,  an<l  are  laid  down  in  tlie 
cliart  annexed  to  it,  sntlicient  to  secure  for  future  navigators  a  safe 
course  from  Fuca's  Strait  into  the  ujjper  (lulf.  Vancouver  did  not  ex- 
plore, nor  does  he  give  any  soundings  of  the  Canal  de  llaro.  It  is  not 
mentioned  in  his  narrative;  the  name  of  it,  however,  ai)pear.-  on  the 
Jiicc  of  his  Chart,  distinguisliing"  waters  without  soundings  from  the 
Cliaiinel  through  which  Vancouver  ])assed. 

(L*.)  The  Spanish  exploring  vessels  Sutil  and  INFexicana,  in  the  same 
year,  appear,  from  the  narrative  of  the  expedition,  to 
|ll)J     have  pursued  *a  course  to  the  southward  of  the  San 

Juan  Island  until  they  reach  the  head-waters  of  Fuca's  Strait. 
They  then  enteretl  the  same  channel  which  \'ancouvei'  en- 
icred,  and  followed  it  as  far  as  the  Island  of  (luemes,  when 
tlicy  i)assed  onwards,  along  the  Canal  de  (luemes,  into  IJellingham  Bay, 

■ElSenode  Caston.")  From  Iiellingham  Bay  they  pursued  a  north- 
erly course  i)ast  Point  lioberts  into  the  upper  waters  of  the  ancient 
(iiilf. 

{'.).)  The  Chart  of  Vancouver,  which  gives  soundings  only  for  navigat- 
ing through  the  Kosario  Channel,  was  the  Chart  in  general 

'  ~  (  'lilt  S- .  •* 

use  up  to  the  end  of  184(). 

(4.)  Xo  Spanish  chart  of  a  date  antecedent  to  the  Treaty  of  loth  June, 
ist(»,  is  known  to  Her  ^Majesty's  (iovernment,  in  which  soundings  are 
uiven  for  navigating  through  tlie  Canal  de  Ilaro. 

(.").)  When  tlie  Beaver,  the  tirst  steaui-vessel  used  by  the  Hudson's  Bay 
Company,  i)assed  up  from  Fuca's  Strait  to  Fort  Langley,  on  the  I'razer 
River,  in  ISM,  she  made  use  of  what  is  known  as  the  Bosario  Channel. 
She  explored  the  (-anal  de  Ilaro  for  the  tirst  time  in  1S4C. 

((».)  When  the  Unite<l  States  exploring  vessel  Porpoise,  under  Lieu- 
tenant Ikinggold,  passed^ui)  to  the  northward,  from  Fuca's  Straits  into 
the  upper  (iulf,  in  1<S41,  she  made  use  of  what  is  now  known  as  the  Bo- 
sario  (Jhannel.  The  boats,  on  the  other  hand,  of  her  consort,  the  Vin- 
(cnnes,  which  remaine<l  at  New  Dungeness,  were  dispatched  to  the 
(anal  de  llaro  to  make  a  survey  of  it.  Lieutenant  Wilkes,  in  his  narra- 
tive, (vol.  iv,  J).  .">!.'>,)  states  that  they  were  so  engaged  for  three  days,  by 
which  tinu' thev  "completed  all  that  was  essential  to  the  navigation 
of  it." 

fT.)  Her  ^Majesty's  ^steamer  ('ormorant,  the  fust  of  Mer  .Majesty's 
>uamshii»s  which  navigated  the  waters  l>etween  the  Con- 
tinentand^'ancouver's  Island,  in  September,  1S4(»,  ]»assed  ui> 
the  Bosario  Channel  to  the  northward,  and  returned  to  I-'iu^a's  Strait  by 
the  same  channel. 

(8.)  The  declarations  of  sea-captains  and  other  ikmsous  in  the  service 
of  the  llu«lson's  Bay  (Jompany  are  conclusive  that  the  only 
channel  used  and  considered  safe  by  them  prior  to  LSKJ,  was       ^n'""^"  >• 
the  Kosario  Channel. 


Aim 


[IXJ] 


THE  8EC0XD  AND  THIHl)  KULES  OF  IXTEKl'KETATION. 


It  is  conceived  by   Her   Majesty's  Clovernment  that  the   second  and 
third  rules  for  the  interjuetation  of  Treaties,  already  brought  to  the  at- 


'Ill 


72 


NORTHWEST    WATER    HOIJNDARY   ARBITRATION. 


Mm 


Al ii.liv  N.i 


tentioii  of  IJis  Imperial  Majesty,  as  tbey  are  of  a  cognate  character, 
may  be  conveniently  considered  together  in  their  ap|>licatiou  to  the 
((uestion  snbniitted  to  the  arbitration  of  His  Imperial  Majesty. 
These  rnles  may  be,  then,  briefly  expressed  : 

{<()  That  the  context  and  spirit  of  a  discourse  is  a  source  of  interpretation^ 
where  particnlar  expressions  are  obscure  from  over-conciseness  of  state- 
ment. 

{h)  The  interi)retation  of  any  part  of  a  discourse  ought  to  be  made  in 
such  a  manner  that  all  the  parts  may  he  consonant  to  one  another. 

It  may  be  observed,  then,  in  the  tirst  i)lace,  that  the  only  expressions 
in  the  Treaty  of  loth  June,  1840,  resi)ecting  which  any  dis- 
agreement has  arisen  between  tlielJigh  Contracting  Parties, 
are  to  be  found  in  the  second  paragra^di  of  the  first  article  of  it:  "And 
tiience  soutlierly,  through  the  middle  of  the  said  Channel,  and  of  Fuiui's 
Strait,  to  the  Tacilic  Ocean;"  and  that  the  disagreemeJit  is  limited  to 
the  words  "  tlie  said  Cliannel."  It  is  considered,  tiierefore,  by  Ilcr 
^liijesty's  Government  that,  in  order  to  arrive  at  the  true  interpretation 
of  the  above  words,  regard  may  jn'operly  be  had,  not  merely  to  the  con- 
text of  the  paragraph  itself,  but  to  the  text  of  the  preceding  and  fol- 
lowing i)aragraphs  of  the  1st  Article,  which  is  tlie  operative  part  of  the 
Treaty  as  regar<ls  the  settlement  of  the  line  of  bouiulary. 

The  1st  Article,  then,  of  the  said  Treaty,  is  divided  into  three  i>ara- 
graphs : 

1.  From  the  i>oint  in  the  4!)th  parallel  of  north  latitude,  where 
the  boundary  laid  down  in  existing  Treaties  and  Conventions  between 
Great  JJritaiu  and  the  United  States  terminates,  the  line  of  boundary 
between  the  teriitories  of  Her  IJritannic;  3Iiijesty  and  the  lJnite«l  States 
shall  be  continued  westward  along  the  said  41>th  parallel  of  north 
latitud<'  to  the  middle  of  the  Channel  which  separates   the  Continent 

from  A'ani;ouver\s  Island. 
[21 1  *2.  Aiul  thence  southerly  through  the  middle  of  the  said  Chan- 

nel and  of  Fuca's  Straits  to  the  Paeitic  Ocean, 
,'J.  Provided,  however,  that  the  navigation  of  the  whole  of  the  said 
Channel  and  Straits  south  of  the  49th  parallel  of  north  latitude  remain 
free  and  open  to  both  parties. 

Looking  now  to  the  text  of  the  first  paragra^)h  of  this  Article  in  con- 
,„,rvi  itii,  nection  with  the  second  paragraph,  Iler  .Majesty's  Govern- 
ment submits  to  His  Imi>erial  Majesty  that  the  second  para- 
graph may  be  read  as  if  it  were  written  in  crtcnso  thus :  "And  thence 
southerly  through  the  middle  of  the  Channel  which  separates  the  conti- 
nent from  A'aneouver's  Island,  and  through  the  middle  of  Fu(;a's  Straits 
to  the  Pacific  ()(tean,''  the  channel  and  the  straits  being  so  connected  in 
the  second  paragraph  as  to  be  governed  by  the  preceding  words, 
"through  the  middle  ofV 

2sow,  the  extent  ot  the  waters  here  designated  as  Fuca's  Strait  is  not 
in  controversy.  It  is  true,  indeed,  that  by  some  writers,  amongst  whom 
may  be  mentioned  Mr.  Ilobert  Greenhow,  the  Librarian  to  the  Depart- 
ment of  State  of  the  United  States,  and  the  author  of  a  Memoir,  Histor- 
ical and  I'olitical,  on  the  North-west  Coast  of  Xorth  America,  published 
in  1840  by  direction  of  the  Senate,  the  term  "  Fuca's  Strait "  has  been 
used  prior  to  the  Treaty  of  1840  to  denote  the  whole  of  the  channel 
through  which  it  was  supposed  that  the  Greek  pilot,  Juan  de  Fuca,  found 
a  passage  into  the  I'olarSea  in  the  sixteenth- century.  Tluis  Mr.  Green- 
bow,  in  his  "  History  of  Oregon,"  (p.  29,)  speaking  of  the  three  great 
groups  of  islands  south  of  54°  40'  north  latitude,  says,  "The  soutljern- 
most  group  embraces  one  large  island,  and  an  infinite  number  of  smaller 


■n 


'■-.* 


CASE    OF    GREAT    BRITAIN. 


73 


said  Cbaii- 


ouos,  extending  t'roni  tbe  40th  parallel  to  the  51st,  and  separated  from 
the  continent  ou  the  south  and  east  by  the  channel  calle<l  the  Strait  of 
Fiica."  There  is  a  slight  inaccuracy,  it  may  be  observed,  in  this  passage 
as  regards  the  latitude  of  the  group  of  islands ;  but  Mr.  Greenhow,  in  a 
previous  passage  of  the  same  work,  (p.  L'2,)  has  described  the  channel 

which  he  has  in  view  with  greater  accuracy,  as  running  eastward 
\'2'2]     about  one  hundred  miles  between  the  *48th  and  40th  parallels  of 

latitude,  and  then  turning  to  the  north-west. 
The  view  of  Her  Majesty's  Government  is,  that  the  term  "Fuea's 
Straits"  is  used  in  the  Treaty  of  1840  to  signify  the  lower  portion  only 
of  Mr.  Greenhow's  Channel,  namely,  the  inlet  of  the  sea  which  extendi 
eastward  from  the  Pacific  Ocean  to  the  entrance  of  the  i)assage,  tlirongh 
which  Vancouver  continued  his  voyage  to  the  northward,  and  which  ln' 
lias  laid  down  in  his  chart  as  a  navigable  channel,  connecting  Fuca's 
Strait  with  the  upi»er  waters  of  the  ancient  Gulf. 

Ill  accordance  with  this  signification  of  Fuca's  Straits,  Her  ^fajesty's 
Government  submits  to  His  Imperial  INlajesty  that  the  term  "Fuca's 
Straits"  must  be  talvcn  to  have  been  inserted  in  the  second  paragrai)h  of 
tlie  first  Article  of  the  Treaty  of  1S4G  for  the  sake  of  describing  with 
jjreater  jnecision  the  course  of  the  boundary  line,  and  that  it  is  one  of 
the  necessary  conditions  of  the  boundary  line  that  it  should  be  drawn 
throufih  the  inithilc  of  the  inlet  of  the  se<i,  of  which  Cape  l-'lattery  may  be 
regiU'ded  as  the  south-western  extremity,  and  ])ecei»tion  Pass  as  the 
iiortheasterp.  extremity. 

}sow,  a  line  may  be  i)roi)erly  said  to  he  drawn  through  the  middle  of 
this  inlet,  if  it  be  drawn  in  eitiier  of  two  ways,  namely,  if  it  be  drawn 
lengthways,  or  if  it  be  drawn  breadthways.  There  can,  however,  be  no 
iloubt  as  to  which  of  such  alternative  lines  is  required  to  satisfy  tbe 
Treaty,  as  the  line  is  to  be  drawn  to  the  raciilc  Ocean,  and  this  can  only 
be  ertected  by  dmiciiui  the  line  through  the  mithUeof  Fueu's  Straits  leni/th- 
wajin.  Upon  this  i)oint  in  the  case  Her  Majesty's  Government  submits 
to  His  Imperial  Majesty  that  there  can  be  no  reasonable  doubt.. 

Her  Majesty's  Government  further  submits  to  His  Imperial  ^Majesty^ 
that  in  order  that  the  second  paragraph  of  tlu^  first  Article 
of  the  Treaty  of  184(5  shall  be  consonant  to  the  third  para- 
graph— in  other  words,  in  order  to  account  for  and  give  rea-  '""■ 
sonable  effect  to  the  third  ]iaragra{)h,  whereby  the  navigation  of  the 

whole  of  Fite(('s  Straits  is  secured  to  both  the  High  Contracting 
(-;j|      Parties — the  second  i)aragraph  must  be  interpreted  as*re(]uiiiiig 

the  line  to  be  drawn  southerly  throiif/h  the  middle  of  a  ehannel  irhieh 
H-ill  allow  it  to  enter  the  headn-aters  of  Ftie<t\s  Str<iits.  and  to  he  eontinned 
through  the  middle  of  the  Straits  in  an  vnlnterrvpted  line  to  the  Faeijie 
(k'can;  in  other  words,  the  boundary  line,  after  it  has  entered  Fuca's 
Straits,  must  tlivide  the  waters  of  the  Straits  in  such  a  manner  as  to 
lender  the  i)roviso  necessaiy  which  is  embodied  in  the  third  paragraph. 
For  the  purpose  of  bringing  this  i)art  of  the  case  more  completely 
liefore  the  mind  of  His  Imperial  .Majesty,  Her  Majesty's  Government 
will  recapitulate  briefly  the  characteristics  of  Fuca's  Straits,  as  thes 
bear  npon  the  question. 

The  breadth,  then,  of  Fuca's  Straits  where  they  leave  the  Pacific 
Ocean  between  Cape  Flattery  on  the  Continei.i,  their  south- 
ern point,  and  IJonilla  Point  on  Vancouver's  Island,  their 
northern  ])oint,  is  thirteen  miles.  Within  these  points  they  soon  nar- 
row to  eleven  miles,  and  carry  this  width  on  an  east  course  ibr  forty 
niiles.  They  then  take  an  east-north-east  direction  to  the  shore  of  Whid- 
l>i'y  Island.     Between  Race  Islands  and  the  Southern  shore  is  the  nar- 


•nii-.i.ii...iN 

tl ri.ri.l  ill] 

r.ir.l,.      , 


' ;  ■  Sir, 


'i     f-lj- 


74 


NoRTIIWKsT    WATKR    HOl^VUAKV    AKHITKATION. 


rowcst  part  of  tlic  Striiit.s.  Tlicir  loast  broadtli,  liowcvcr,  in  tliis  part  is 
not  less  than  ♦'i};lit  miles,  aft«'r  which  the  Straits  expand  ininiediatel.y  to 
seventeen  niiU's,  a  \vi«lth  wiiich  they  maintain  more  or  less  in  the  part 
wliero  the  Canal  de  JJaro  enters  them.  On  the  other  hand,  it  is  difhciilt 
to  dotine  precisely  the  plaee  where  the  wat<'rs  of  I'nca's  Straits  mer;;*' 
in  those  of  the  liosario  Strait,  hut  Fuca's  Straits  fjiadiially  contract  as 
they  apiu'oach  the  entrance  of  the  Kosario  Stiait,  which  is  oidy  live  milts 
wi«le.  A  ]»rovision  which  thus  secures  to  the  vessels  of  either  natinii 
the  rij>ht  of  free  uavigation  on  either  side  of  the  boundary  line  ihroiujh- 
out  the  irhoh'  of  the  vhunnel  ami  FimCs  Straits,  would  be  perfedly  intelli- 
ji'ible,  and,  in  fact,  would  be  a  requisite  ])recaution,  if  the  line  is  to  pass 
throuji'h  liosario  Strait,  dividinj;'  the  head-waters  of  Fuca's  Straits;  but 
it  would  not  be  in  any  such  sense  a  neveHmrii  precaution^  if  tin;  line  of 

boundary  is  to  be  drawn  through  the  Canal  de  Ilaro. 
124]  *()n  the  former  supposition  it  wonhl  be  reasonable  to  secure  to 

cither  ]»arty  the  free  navi;;ation  of  the  whole  of  l-'uca's  Straits 
etpially  asof  the  Kosario  Clmnnel,  inasmuch  as  the />jer//»m, ///»»*  ^/7»(r in 
ii.a...„  „i  ,„.  the  ui)pernu)st  ]>art  of  Fuca's  Straits  would  be  within  the 
;f  I  iN-riB,„.i,  "threemileslimifof  eithershore;  ontheotherlmnd,  thepait 
of  Fuca's  Straits,  where  the  Canal  de  JIaro  strikes  them,  are  of  so  "leata 
breadth  that  theie  would  be  an  ample  margin  of  common  navijiable  water 
for  vessels  on  either  side  of  the  mviJium  filum  aqua,,  ami  no  necessity 
for  vessels  passing  to  and  from  the  Facitic  Ocean  to  narif/atc  H'itltin  th> 
juri.sflictional  nutters  of  either  of  the  High  Contracting  Parties. 

If  it  should  be  said  on  behalf  of  the  IJnited  States  Government  thiit 
the  proviso  in  the  third  ])aragraph  of  the  tirst  Article  of  the  Treaty  of 
1840  was  not  inserted  by  way  oi'  precautious  but  rather  by  way  of  co>»/f^. 
to  preserve  to  both  the  High  Contracting  l*arties  a  liberty  of  naviga- 
tion hitherto  enjoyed  by  them  in  common.  Her  Majesty's  Covernment 
submits  that  considerations  of  comitt;  wouUl  eciually  have  required  the 
extension  of  the  proviso  to  the  waters  of  the  Channel,  wijich  separates 
the  continent  from  \'ancouver"s  Island  north  of  the  fortff- ninth  paraUel 
of  north  latitude,  as  both  ]Kirtieshad  heretofore  enjoyed  in  common  tlic 
free  navigation  of  those  waters;  but  no  such  ]»recaution  has  been  taken 
in  the  Treaty  to  limit  the  exercise  of  exclusive  sovereignty  north  of  the 
torty-ninth  ])arallel. 

Again,  it  would  have  been  an  unreasonable  thing  tohavei)rovided  by 
the  Treaty  that  both  i)arties  should  retain  the  free  enjoyment  of  the 
navigation  of  the  whole  of  Fuca'.s  tStraits,  unless  the  Treaty  is  to  be  inter- 
l)reted  as  requiring  the  boundary  line  to  be  drawn  through  the  middle 
of  those  Straits,  and  continued  through  the  Jlosario  Channel,  in  whicli 
case  the  free  navigation  of  the  whole  of  Fuca's  Straits  to  the  eastward 
of  the  Canal  «le  Haro  would  be  at  times  a  couilition  essentially  neces 
sary  to  enable  Ibitish  or  American  vessels,  as  the  (;ase  may  be,  to  enter 

or  leave  the  channel  connecting  J-'uca's  Straits  with  the  waters  ot 
|2.">]      the  upper  Culf.     *To  contend,  indeed,  that  this  provision  of  the 

Treaty  would  be  consonant  to  an  interpretation  of  the  Treaty 
which  would  continue  the  boundary  line  through  the  Canal  de  Ilaro,  is 
to  deprive  the  proviso  of  any  rational  meaning,  as  American  vessels 
would  i)ossess  tlu>  right  of  navigating  the  Straits  to  the  eastward  of  the 
Canal  de  Haro  without  any  such  proviso,  and  IJritish  vessels  would  not 
require  any  such  liberty  to  enable  them  to  enter  or  leave  the  Channel 
through  which  the  boundary  line  is  to  pass  from  Fuca's  Straits  iiito  the 
waters  of  the  upper  Gulf. 


CASE    OF    (iRKAT    BRITAIN. 


75 


his  part  is 
'diatt'l.v  to 
n  the  part 
is  (lifHcnlt 
lits  inorjit' 
'ontract  as 
•  iive  miles 
her  iiatiiiii 
\w  throiitilh 
(■rly  intclli- 
B  is  to  pass 
traits;  hut 
tho  line  of 

o  secnro  to 
!a's  Strait> 

within  tlic 
11(1,  the  i)art 
)f  so  <>reat;i 
"^ablewatt  1 
lo  neecssity 
te  within  tin 
»s. 

I'liineiit  that 
le  Treaty  of 
\y  of  comitjj. 
■  of  iiaviga- 
government 
•equired  tlie 
!h  separates 

nth  furaUd 
:;oiunion  i\w 

been  taken 
north  of  the 

iroviiled  hy 

nent  of  the 

to  be  inter- 

the  middle 

■1,  ill  whicli 

le  eastward 

tially  neces 

be,  to  enter 

le  waters  ot 

ision  of  the 

the  Treaty 

de  Ilaro,  is 

icaii  vessels 

ward  of  the 

s  woiihl  not 

he  Chaniu 

lits  into  the 


THK  KOUR'i'M  RULE  OF  INTERI'RETATION. 

Tlie  fonrth  of  tlie  rules  to  whieli  Her  IJritannie  Majesty's  (jovernnient 
lias  invited  the  attention  of  His  Imperial  ^Lajesty  is,  that  ihc  intcrprcfa- 
1ii>n  xlioiild  he  .suitable  to  the  reKsnn  of  the  Trent}/,  that  is  to  say,  tlie  motive 
which  led  t;)  the  making  of  it,  and  the  object  in  eoiitemplation  at  the 
time. 

'•Weoii<;ht,'' says  Vattel,  (section  L*S7,)  '"to  be  very  certain  that  we 
know  the  true  ami  only  reason  of  the  law,  or  the  Treaty.  In  mat- 
ids  of  this  nature  it  is  not  allowable  to  indnlji'e  in  vajiiie  and  nnccrtain 
(iiiijeetures,  and  to  siii»pose  reasons  and  views  wlieri^  there  are  none  cer- 
laiidy  known.  If  the  piece  in  (niestion  is  in  itself  obscure  ;  if,  in  order 
tddiscover  its  meaning,  we  have  no  other  resonrce  than  the  iinestiga- 
tioij  of  the  anthor's  views  oi  the  motives  of  the  deed,  we  may  then  have 
icconiseto  conjectnie,  and  in  defanlt  of  absohite  certainty  adopt,  as  the 
;rae  meaning",  that  Avliich  has  the  greatest  degree  of  probability  on  its 
>ide.  But  it  is  a  dangerous  abuse  to  go  without  in  search  of  motives 
;iiid  niicertain  views  in  order  to  wrest,  restri(!t,  or  extend  the  meaning 
of  the  deed,  whiidi  is  of  itself  sntliciently  clear,  and  carries  no  ubsunlity 
ell  tlie  face  of  it." 

Now,  the  motive  of  the  Treaty,  as  recited  in  the  Preamble  of  it,  was  to 
itrminate  a  state  of  doubt  and  uncertainty,  which  had  n,. m.,!,.,.  „i -i,.. 
hitherto  jirevailed  respecting  the  sovereignty  and  govern-   ^" '" 

nient  of  the  territory  on  the  north-wesL  coast  of  America,  lying 
jUiii      westward  of  the  Kocky  3Iountains,  by  an  *aniicable  cominomise 
of  the  rights  mutually  asserted  by  the  two  parties  over  the  said 
territory. 

It  is  a  reasonable  presumption  from  this  Preamble  that  Her  15ritanni<; 
Majesty's  Government,  which  drew  np  the  paragraph  of  the  Treaty  of 
1S4(J,  the  meaning  of  which  is  in  controversy,  hada  dejinite  boundartf^line 
ill  view,  which  would  terminate  all  doubt  and  uncertainty  as  to  the  limits 
within  which  the  respective  Parties  to  the  Treaty  were  henceforth  to 
exercise  rights  of  sovereignty. 

The  Treaty  of  18-10,  it  should  also  be  borne  in  mind,  was  not  an  ordi- 
iiiiiy  Treaty  of  friendship  or  alliance,  in  which  a  paragr.aph  respecting 
iimtual  boundaries  was  inserted  amongst  paragraphs  relevant  to  other 
matters;  but  it  was  a  Treaty,  of  which  thcprimari/  ohjeet  iccifi  the  settle- 
iiii'iit  of  a  houndary  line,  and  it  would  be  unreasonable  to  attach  a  vague 
and  uncertain  meaning  to  any  words  descriptive  of  the  boundary  line,  if 
siieli  words  are  susceptible  of  a  definite  and  certain  meaning. 

It  is  not  too  much  to  say,  and  it  will  probably  not  be  disputed — for  it 
iiii.s  been  so  stated  by  one  of  the  most  eminent  of  Aineri(!au  th.-  oUj.  •.  ..i  n,. 
statesmen — that  the  great  aim  of  the  L^nited  States  in  J.S40  '""' 
was  to  establish  the  40th  iiarallel  of  north  latitude  as  the  line  of 
l>omidary  on  the  western  si<le  of  the  Itocky  Mountains,  ^^  not  to  be  de 
jHirted  from  for  any  line  further  south  on  tlie  Continent  f'  and  that  with 
le^^ard  to  straits,  souuds,  and  islands  in  the  neighbouring  seas,  they  were 
siihjeets  of  minor  iin])ortance,  to  be  dealt  with  in  a  spirit  of  fairness  and 
e(|iiity.  (Speech  of  Mr.  Webster  before  the  Senate  of  the  United  States, 
.  March  ;;o,  1S40.) 

On  the  other  hand,  it  is  notorious,  and  it  is  also  patent  on  the  face 

\  Hef  the  Treaty  itself,  that  the  great  aim  of  Her  Uritaniiic  Majesty's  (iov- 

|enmient  was  to  meet  the  views  of  the  United  States  Government  in 

regard  to  the  -lOth  parallel  of  north    latitude  with  as  little  Haerijiee 

ks'  possible  of  the  riffhts  heretofore  enjoyel  by  the  Hudson  s  Bay  Company 

\iiiiil  other  British  siihjtHs  in  the  wafers  snu*h  of  that  p'irallel. 


'Ms 

m 


f 

i 

pR 

7G 


NORTinVESr    WATER    I'.OUNDARY    ARIUTRATION. 


No  lllilix'    ii*    tliv 

to  til*'  Cliiiiintl. 


Now,  it  is  11  nMiijirkablo  foatiiri*  of  the  Treaty  that  no  nntiir  Ik 
yiren  t<t  the  Channel,  to  the  *iiii«l(lle  ot  wliich  the  4!>th  i>arallel  (it 
north  latitude  was  to  be  eoiitimied  alter  leavinj:'  the  Ctuitineiit, 
and  thron{ih  the  niidtUe  of  which  it  was  to  be  drawn  soutii- 
erly  after  bein^'  detlected  from  that  parallel.  Tiie  Ciiaii 
nel  is  ilescribed  as  "the  Channel  se]>aratin^  the  continent  from  Van- 
conver's  Island,"  and  the  line  is  simply  directe*!  to  bo  drawn  '*  southerly 
throufth  the  middh'of  the  said  Channel  and  of  I-'iica's Straits."  The  pir- 
sumption  arisinj;-  from  this  description  of  it  is  that  the  Channel  inteutlnl 
by  the  Treaty  a-as  the  only  Channel  then  nsetl  hy  nea  yoiny  renNels,  and  thai 
it  had  no  dixtinynishiny  name,  but  that  uj)on  the  f;u!e  of  the  chaits  tlicn 
in  use  it  would  readily  answer  the  desc-ription  yiven  of  it  in  the  Treaty, 
and  would  atlmit  of  the  boundary  line  l)einj;'  (h'tiected  and  continued 
throujih  the  middle  of  it  and  of  Fuca's  Straits  to  the  Pacific  Ocean.* 
It  will  be  seen  by  His  Imperial  ]Ma,jesty,  on  an  examination  of  Aaii 
couver's  Chart,  whi<;h  was  the  most  accurate  chart  known 

(li'irt  Nil   '*  ' 

to  Jler  Jiritannic  ^Majesty's  (Jovernment  at  the  time  when 
the  Treaty  was  made,  and  which  was  the  Chart  under  the  consiileratioii 
of  Her  Britannic  Majesty's  (Jovernment  when  tiiey  franu'd  the  lirst 
Article  of  the  Treaty,  that  the  nanu'  of  the  (lulf  of  (Jeorgia  is  assigned 
in  that  Chart  to  the  whole  of  the  interior  sea,  which  separates  the  Conti- 
nent from  the  group  of  ishmds,  the  chief  of  which  is  called  (^uadiii 
and  Vancouver's  Island,  such  being  the  name  of  the  largest  island  sir 
the  time  when  the  chart  was  constructed,  and  that  no  distinynishiitij 
name  is  assigned  either  to  the  channel  up  which  Vancouver  sailed  to 
the  northward,  or  to  the  portion  of  the  Gulf  in  the  4!)th  parallel 
of  north  latitude.  Her  MaJ<'sty's  (lovernment  accordingly  contends, 
(1,)  that  the  boundary  line,  which  is  directed  by  the  Treaty  to  be  con- 
tinued westward  along  the  41)th  parallel  of  north  latitude  to  the  mid- 
dle of  a  channel  without  any  distinguishing  luime,  and  thence  south- 
erly through  the  middle  of  the  said  channel  and  of  Fuca's  Straits,  is 
intended  by  the  words  of  the  Treaty  to  be  drawn  through  the  middle 
of  a  channel  which  had,  f*^  that  time,  no  distinguishing  name; 
[28j  and  (2)  that,  as  the  channel  now  called  the  Itosario  *Strait  is 
found  in  the  charts  of  the  period  (1840)  without  any  distinguish 
ing  name  assigned  to  it,  and  in  other  respects  corresponding  with  the 
re«iuirements  of  the  Treaty,  such  channel  ought  to  be  preferred  to  the 
Canal  de  Ilaro,  which  bore  a  distinguishing  name  at  that  period. 

Uer  Britannic  Majesty's  Government  contends,  on  this  part  of  tho 
case,  that  to  draw  the  line  through  the  middle  of  the  waters  distin 
guished  in  Vancouver's  Chart  from  the  Channel,  through  which  he 
sailed,  by  the  name  of  the  "  Canal  de  Arro,"  and  which  waters  are 
rei)resented  in  that  chart  as  unsurveyed,  would  be  to  continue  the  lint' 
not  through  "the  said  Channel" — that  is,  a  Channel  without  any  dis 
tinguishing  name — but  through  a  channel  which,  at  the  time  the  Treaty 
was  made,  was  distinguished  by  name  from  the  channel  surveyed  in 
N'ancouver.  No  reason  can  well  be  assigned,  if  such  a  channel  was 
contem])lated  by  both  parties,  why  it  sjjould  not  have  been  designated 
by  its  distinguishing  name  to  prevent  all  uncertainty. 

But  it  may  be  said  that  there  is  evidence  that  the  Canal  de  Haro  was 
contemplated  by  the  United  States  Government,  and  that  they  had 
charts  in  their  possession  whicU  satisfied  theni  that  it  was  a  navigable 
and  safe  channel,  e(pially  as  the  channel  along  which  Vancouver  sailetl. 
The  reply  to  such  an  argument  is  not  far  to  seek.  If  it  can  be  establisliod 
that  one  of  the  parties  to  the  Treaty  had  knowledge  only  of  one  navi 
gable  Channel  C()rres[»onding  to  the  provisions  of  the  Treaty,  the  fact 


CASE    OF    GREAT    BRITAIN. 


77 


tliiit  tlu'  otluM-  party  was  awaro  of  anotlior  navi<;aWlt' ("liaiiiH'l  couM 
never  Justify  such  an  interpretation  heinj;- fjiven  to  the  Treaty  as  should 
liiiid  the  former  to  accept  tiie  Treaty  in  a  sense  of  which  it  did  not  ivuow 
it  to  be  capable,  when  the  Treaty  may  be  interpreted  in  a  sense  in  wliich 
hoth  jiarties  were  aware  that  it  was  capable  of  beinjj  interprett'd.  Tin: 
wison  of  the  thhuj  is  a^jainst  such  an  interpretation  as  has  been  i)ro- 
]iosed  to  be  j^iven  to  the  Treaty  on  the  part  of  the  Cnited  Stat<'s  (lov- 
criinient. 

There  is  a  further  reason  why  the  Canal  do  II arc  does  not  satisfy  the 
jaiijiuaye  of  the  Treaty. 

The  commencement  of  the  boundary  line,  whidi  is  to  be  drawn 
|L",l|  southerly,  is  described  in  *the  Treaty  as  beinj,^  in  a  Channel 
under  tlie  41)th  ])arallel  of  north  latitude;  but  Ji  };lance  at  the 
cliiut  will  satisfy  J  lis  Imperial  ]\[a.jesty  that  t\w  Canal  «le  Jlaro  cannot, 
ill  liny  i>roper  sense  of  the  words,  be  held  to  commence  under  that  i)ar- 
iillel.  it  lias  a  distinct  commencement  between  Saturna  Island  and 
I'atos  Island,  under  a  lower  parallel.  7^  luoi,  therefore,  not  o)ih/  a  ilis- 
tiiHiuishimf  )U(me,  but  it  has  its  phifsivtd  ehuraeteristies  irhieh  (listinf/uish  it 
troiii  the  channel  described  in  tlie  Treaty  of  1<S4(J  as  identical  with  the 
oliaunel  under  the  4"Jth  parallel  of  uortli  latitude. 


•m 


-i 


^V^ 


THE  FIETM  KULE  OF  INTERI'RETATION. 


(halt  V<i 


The  (iftli  rule  of  interpretation,  to  which  Her  ]>ritannic  .^lajesty's 
(iovernment  has  invited  the  attention  of  Ills  Imperial  Majesty,  is,  that 
Treaties  are  to  he  interpreted  in  a  farourahle  rather  than  in  an  odious  sense. 

"  We  are  not  to  presume,"  says  Vattel,  (sec.  30,)  "  without  any  strong- 
reasons,  that  one  of  the  Contraciting  Parties  intended  to  Af,v,„,r,i.i.,.,t.r 
favour  the  other  toliisown  prejudice,  but  there  is  no  danger  nr,',!','"  ',','/;',,i ',',;, 
ill  extending  what  is  for  the  common  advantage.  If,  there-  """i"^"""" 
tore,  it  happens  that  the  Contracting  Parties  have  not  made  known  their 
will  with  suHicient  clearness  and  with  all  the  necessary  juecisioii,  it  is 
certainly  more  conformable  to  equity  to  seek  for  that  will  in  the  sense 
most  favourable  to  e(iuality  and  the  common  advantage." 

Now,  it  may  be  stated  by  Her  ^Majesty's  (Tovernment  without  fear  of 
t'outradiction,  that,  at  the  time  when  the  Treaty  of  1840  n,,.  ,i,,r,.,„„.,. 
was  signed  at  Washington,  no  charts  were  in  use  by  those  " """ 
wlio  navigated  the  interior  sea  between  the  Continent  and  Vanco'uver's 
Island,  but  Vancouver's  Chart  and  jiossibly  a  ^»anish 
Ciiart,  purporting  to  be  constructed  in  170.")  ui)on  the  sur- 
veys made  by  the  Sutil  and  Mexicana.  Of  the  latter  chart,  indeed. 
Her  Britannic  Majesty's  Government  had  no  certain  knowledge  in  1840, 
tor  the  only  Spanish  chart  of  those  waters,  which  is  to  be  found  in  the 
archives  of  the  IJritish  Admiralty  at  Whitehall,  did  not  come  into 
its  possession  until  1849.  In  neither,  however,  of  those  Charts  are 
|')i>]  *there  are  any  soundings  of  a  navigable  i)assage  through  the 
Canal  de  Haro.  It  is  true,  indeed,  that  in  the  Spanish  Chart 
some  soundings  are  given  of  Cordova  Channel,  in  which  the  boats  ot 
tlie  Sutil  and  Mexicana  ai)pear  to  have  crept  close  along  the  shore;  but 
there  are  no  soundings  to  guide  a  vessel  out  of  the  Canal  de  Uaro  into 
any  jiart  of  the  upper  waters,  which  are  south  of  49'^  parallel  of  north 
latitude.  An  interpretation,  therefore,  of  the  Treaty,  which  would  de- 
clare the  Canal  de  Haro  to  be  the  channel  down  which  the  boundary 
line  is  to  be  carried,  would  be  to  declare  that  Her  Britannic  Majesty's 
Government,  when  it  concluded  the  Treaty  of  1840,  intended  to  favour 
the  United  States  Government  to  its  own  i)rejudice;  for  it  would  be  to 


ly'l 


7s 


NoKTIlWEHT    WATKK    JJOl'XDAli V    AK'lil  lltATlnV. 


•I 

i     J;. If 
J 


m 


(IccImiv  tliiif  Her  IJi-itaimic;  Mjijcsf.v's  (JovoiiiiiH'iit  iiiti'inlcd  to  nhn,iil„ii 
the  iixr  of  the  ouli/  chuinwl  kadinij  tit  its  oirn  ikpssi'shioiis  wliicli  it  knew  to  Ik 
riavij,Ml»l<i  !iii«l  safe,  and  to  conthn'  itsoU'  to  the  u.s(>  of  a  cliannel  !os|M(f 
inji  \vlii(!li  it  had  no  assuranre  that  it  was  even  naviyalth*  in  its  iippii 
waters  t'oi-  s«'a-j;(>in;i'  vessels;  nay,  respeetiny  \\hi('h  it  is  not  t(«>  luiich 
to  say  that  Her  l>ritanni(!  Majesty's  (loverninent  IkkI  a  firm  ln-litf  tlmt 
it  ir((s  (I  (lioif/eroiis  strait.  On  tlio  otlier  hand,  an  interpretation  which 
wouhl  <h'(!hin'  N'anconver's ('iiannel,  now  distinynished  l»y  the  name  di 
the  liosario  Strait,  to  hv  the  eomnion  honnchiry,  will  yive  to  both  I'm 
ties  the  nse  of  a  Cliannel,  which  was  known  to  l»oth  Parties  at  the  tiim 
when  the  Treaty  was  mad*'  to  be  a  naviyaljle  and  safe  channel.  The 
two  I'aities  in  respe(;t  of  su(!h  an  interinetation  would  I»e  placed  in  n 
position  of  e(piality. 

Tin-:  SIXTH   KIJLE  of  lNTKK)'in;TATI<».N. 

The  sixth  ItnU;  of  Interpretation,  which  is  a  corollary  to  the  next  piv 
cedin<^-  Knie,  and  which  is  also  submitted  to  tin;  attention  (»f  His  Imperial 
Mait'stv,  is  that,  in  vasv  o/'douht,  the  ttrcsumiition  is  in  /iuvMc 
,  n,  fi,v„Mr  oi  II,.   of  the  jtossessor  of  n  thuHj  ;  m  other  words,  the  i>arty  who  en- 

'  "  '"  "    «leavours  to  avoid  a  loss  has  a  lietter  <;ause  to  snin>ort  tliiiii 

1h'  who  aims  at  obtaining-  an  advantainc 

It  has  lH(en  already  said  that  the  Channel  in  use  in  1S4)J.  and 

|.">1|      the  only  (Channel  in  use  by  *JJritish  \essels  naviyatinji'  from  the 

Straits  of  Fuca  to  the  stations  of  the  Hudson's  JJay  C'omi»any  on 

Frazer's   Iliver,  and   elsewhere   north   of    the  41>th   parallel   of  iioitli 

latitude,  was  the  channel  surveyed  by  Vancouver,  and  ot 

which  soundinjjs  are  jjiven  in  his  Chart. 

The  Government  of  the  United  States  contends  for  an  interpretation 
of  th(^  Treaty  ichieh  trill  dispossess  British  rcsselsof  the  use  of  this  ehannd 
There  is  iu>  evidence,  on  the  other  hand,  that  the  Canal  de  Ilaro  was 
used  by  vessels  of  the  United  States  prior  t(»  the  Treaty  of  ISK). 

Her  Britannic  Majesty's  (lovernmenf,  on  the  other  hand,  is  not  con 
tendin*;'  tor  an  intei'i)retation  of  the  Tnaty  which  will  deprive  the  citi 
/.ens  of  the  United  States  of  any  rij^ht  habitually  exercised  by  them 
prior  to  the  Treaty.  If,  iiuleed,  the  United  States  Government  had 
knowhMlse  irom  unpublished  surveys  or  otherwise,  i>rior  to  the  Treaty  ol 
1840,  that  the  Canal  de  Haro  was  a  navigable  and  safe  channel,  it  can 
not  be  denie<l  that  citizens  of  the  United  States,  if  they  nsed  any 
channel  at  all  prior  to  1S4(),  made  us(!  of  the  channel  now  called  tlic 
Ikosario  Strait.  It  is  submitted  accordingly  to  His  Imperial  Majesty. 
that  an  interpretation  of  the  Treaty,  which  declares  the  IJosario  Stiair 
to  be  the  channel,  through  the  middle  of  which  the  boundary  line  is  tn 
be  drawn,  will  continue  to  American  citizens  the  full  enjoyment  of  such 
rights  of  navigation  as  were  exercised  by  them  ])ri(U'  to  the  Treaty, 
whilst  a  declaration  in  tavonr  of  theclaim  of  the  United  States  will  stii|i 
liritish  subjects  of  corresponding  rights.  Whererer  there  is  doiilit/nl 
right,  it  is  less  repiupmnt  to  equity  to  ic it h hold  from  a  ehiimant  the  eiijiiij- 
meni  of  a  thinf/,  ichirh  he  has  neeer  possessed,  titan  to  strip  the  jtossessor  <>/ 
a  thiny  of  ichieh  he  has  habitually  had  the  enjoyment. 

The  question  whether  any  third  channel,  other  than  the  Kosario 
Strait  or  the  Canal  de  Haro,  would  satisfy  the  re«piirements  of  tlic 
Treaty  of  1S4G,  has  not  been  touched  npon  by  Her  Britannic  Majesty's 
Government  for  these  reasons — amongst  others,  that  the  existence  ot 
any  intermediate  navigable  channel  was  unknown  to  botn  tlic 
[32]  Contracting  Parties  at  the  time  when  the  Treaty  of  *184(j  was 
signed,  and  the  Government  of  the  United  States  has  never  con 


--*.<. 


(ASF,    OV    (iWKAT    ItlvTlAIN. 


79 


ti'iidc'd  lor  uiiy  siuth  iiliaiiiit'l.    Iicsidrs,  Ilcr  Uritiiiiiiic  Miijcsty's  (Iunci  u 
iiH'iit  |»i'('.>iiiiu*s  tliiit  tlu'  triH'  iiilcrpn'tiitioii  of  tin*  Treaty  of  IS  |<>  is  to  Ik* 
sKii^ilit  ri'luiK  sic  xldiitihiiH,  that  is,  upon  the  statt;  ot  tacts  known  to  liotli 
parties  at  the  time  when  the  Trt'atv  of  IHHJ  was  eoin'lnded. 

On  tiie  alM>v«'  i'onsjdeiations  of  faet  ami  of  pnhiic  law,  Her  ISiitannie 
Miijesty's  (li>veii!inent  snitmits  to  His  Imperial  Majesty  that  the  eliiim 
ot'  Her  JJritannie  Majesty's  (lovernnn'nt  that  the  portion  of  the 
Itdinidary  line  which,  ninh'i'  the  t<'iins  of  the  Treaty  of  l."»tli  dnne,  ISIti, 
iMiis  sontherly  thron;;li  the  middle  of  the  ('hanmd  which  separates  the 
Continent  IVoni  N'aneonver  Island,  shonid  he  run  tlir(Hi<^'h  the  Kosario 
Stiait.  is  valid,  and  on^nht  to  he  preferied  to  the  claim  of  the  (ioverii- 
iiieiit  of  the  I/nited  States,  that  it  shonid  he  ran  thi'onnh  the  Canal  de 
Jliiro. 


m 


I  '  y| 


i.'i:(Ai'irii,Arin\  oi'  facts. 

The  consi<lerations  of  fact  may  be  In  icily  recapitulated: 

1.  That  the  Channel  now  desi<;inited  as  the  l{osari«»  Strait  in  British 
ciiaits,  which  desi}4nation  embraced  the  ChaiiiusI  to  the  north  as  well 
;is  the  sonth  of  the  llHli  parallel  of  north  latitnde  in  S[)anish  charts,  was 
tlie  only  Channel  between  the  Contint'iit  and  Vanconver  Island  j^cn- 
I'lally  known  and  commonly  nsed  by  sea-;;oin;i' vessels  at  the  time  when 
the  Treaty  of  l.~)th  .Inne,  ISKJ,  was  made,  am'  that  the  words  '"'I'lie 
Cliannel,"  in  the;  sij^nilication  which  romimm  ustKjr  aflixed  to  them  at 
that  time,  denoted  those  waters, 

1'.  That  the  context  of  the  tirst  and  second  pa  a^iiaidis  of  Article  1  of 
the  Trcatv  of  l.")Mi  June,  ISK),  rcfpiires    hat   the  bonndarv 
line  shonid  bo  continued  thron<;li  the  middle  of  a  Chan- 
nel so  as  to  enter  the  lieail  in(fers  of  Fiica\s  IStraifs,  which   is  jiracticable. 
if  the  line  shoidd  be  rnii  thronfth  the  Hosario  Strait,  bnt  is  impiactica- 

ble  if  it  shonid  Ix^  ran  thronj;h  the  Canal  de  Ilaro. 
[;3;')j  *3.  That  the  proviso  in  the  third  parajjrapli  of  Aitide  I,  which 
secures  to  either  Party  tin?  free  navif^ation  of  t/ie  n-hole  of  Fuvo's 
Straits,  is  intellif;ible,  as  a  necessary  precaution,  if  the  bouiulary  line  is 
to  he  run  through  the  llosario  Strait,  but  is  unnecessary  and  unreason- 
able if  the  boundary  line  is  to  be  run  through  theCana!  de  Haro. 

4.  That  a  boundary  Vuw  run  through  the  middle  of  the  Channel  n(nv 
culled  the  llosario  Strait  satisfies  the  gieat  aim  which  either  party' ha<l 
in  view  prior  to  the  conclusion  of  the  Treaty  15th  .Inne,  l.S4(i;  and  as 
that  Channel  had  no  distinguishing  name  at  the  time  when  tin;  Treaty 
was  nnule,  it  could  not  be  otiierieisc  desvrilnd  tlxai  as  it  is  described  in  the 
Trvati/.  On  the  other  hand,  the  Canal  de  llaio  had  a  distinguishing 
name,  and  there  was  no  reason,  if  the  Canal  tie  Ilaro  was  contemi»lated 
by  both  the  Eigh  Contracting  Parties  at  the  tin.e  wIhmi  the  Tieaty  was 
made,  why  it  should  not  have  been  described  by  its  distinguishing  name 
to  i)revent  ail  uncertainty. 

•"».  That  a  line  of  boundary  run  through  the  mi(Mle  of  the  llosario 
•"^trait,  in  accordance  with  the  knowledge  which  both  the  High  Contract- 
ing Parties  possessed  at  the  time  when  the  Treaty  of  loth  June,  181(». 
Was  made,  would  have  been  favourable  to  both  Parties,  whereas  a  line  of 
Itoimdary  run  through  the  Canal  de  Haro  would  have  deprived  Her  liritan- 
nie  Majesty  of  a  righ"^  of  access  to  her  own  possessions  through  the  only 
then  known  navigab     and  sate  channel. 

•i.  That  it  is  more  i'  accordance  with  equity  that  His  Imperial  Majesty 
should  pronounce  in  lavour  of  the  claim  of  IJei-  IJritannic  Majesty's (lov- 
eiiiinent  than  in  favour  of  the  claim  of  the  (Jovernment  of  the  United 


if 


80 


NORTHWEST    WATER    BOUNDARY    ARBITRATION. 


States,  as  a  <lecisio!i  of  His  Iiiipeiial  ^Majesty  declaring;  the  Kosario 
Strait  to  be  the  Channel  through  which  the  boundary  line  is  to  be  run 
will  continue  to  citizens  of  the  United  States  the  free  use  of  the  only 
Channel  navigated  by  their  vessels  prior  to  the  Treaty  of  15th  Jniio. 
18-tG;  whilst  a  declaration  of  His  Imperial  Majesty  in  favour  of  the  claim 

of  the  Government  of  the  United  States  will  deprive  British  xuh- 
['■'A]     jeetH  of  rifjhts  of  narifjation  *of  which  they  have  had  the  hahiiunl 

enjoyment  from  the  tinne  when  the  Itosario  Strait  was  first  exploieil 
iind  surveyed  by  A'ancouver. 

The  evidence  which  Iler  liritannic  ]\[ajesty's  Government  has  thought 
it  proper  to  offer  to  the  consideration  of  His  lni[)erial  Majesty  in  siiii 
port  of  the  present  case,  has,  for  the  convenience  of  liis  Impeiial 
."Majesty,  been  collected  in  an  AppL'ndix,  wliich  is  annexed  thereto. 


1 


J-..A 


01 


♦APPENDIX. 


m 


Xo.  I. 

Articles  XXXIV  to  XLII  of  the  Treaty  l)etiveen  Great  Brltahi  and  ike 
United  /States  of  America,  .signed  at  Washinr/ton  on  the  Hth  May,  1871. 

Aktkle  XXXIV. 

Wlieroas  it  was  stipulated  by  Article  I  of  the  Treaty  coiicliKled  at 
Washiufjton,  on  the  15th  of  June,  ]84(>,  between  Tier  Britannic  Majesty 
and  the  United  States,  that  the  line  of  boundary  between  the  territories 
of  the  United  States  and  those  of  Iler  Dritaiinic  Majesty,  from  the 
point  on  the  40th  parallel  of  north  latitude  up  to  which  it  has  already 
been  ascertained,  should  be  continued  westward  along  the  said  parallel 
of  north  latitude  "to  the  middle  of  the  channel  which  separates  the 
continent  from  Vancouver's  Island,  and  thence  southerly  through  the 
middle  of  the  said  channel  and  of  Fnca  Straits  to  the  Pacific  Ocean;" 
and  whereas  the  Commissioners  appointed  by  the  two  High  Contracting 
Parties  to  determine  that  portion  of  the  boundary  which  runs  southerly 
through  the  middle  of  the  channel  aforesaid  were  unable  to  agree  upon 
the  same;  and  whereas  thcGovernment  of  Iler  IJritannic  Majesty  claims 
that  *(uch  boundary  line  should,  under  the  terms  of  the  Treaty  above 
recited,  be  run  through  the  llosario  Straits,  and  the  Government  of  the 
United  States  claims  that  it  shouhl  be  r*  i  through  the  Canal  de  Ilaro, 
it  is  agreed  that  the  resi)ective  claims  of  the  Government  of  Iler  Britan- 
nic ^lajesty  and  of  the  GovernnuMit  of  the  United  St;'.tes  shall  be  sub- 
mitted to  the  arbitration  and  awtud  of  His  Majesty  the  Emperor  of  Ger- 
many, who,  having  regard  for  the  above-mentioiie«l  Article  of  the  said 
Treaty,  shall  decide  thereupon,  finally  and  without  appeal,  which  of  those 
claims  is  most  in  accordance  with  the  true  interpretation  of  the  Treaty 
of  dune  l-j,  1840. 

Article  XXXV. 

The  award  of  His  Majesty  the  Emperor  of  Germanj-  shall  be  consid- 
ered as  absolutely  final  and  conclusive,  ami  full  effect  shall  be  given  to 
such  award  without  any  objection,  evasion,  or  delay  whatsoever.  Such 
ilecisiou  shall  be  given  in  writing  and  dated;  it  shall  be  in  whatsoever 
torni  Ilis  Majesty  may  choose  to  adopt;  it  shall  be  delivered  to  the 

I  Represent  itivts  or  other  public  Agents  of  (heat  Britain  and  of  the 
United  States  respectively,  who  may  be  actually  at  Berlin,  and  shall  be 

I  considered  as  operative  from  the  day  of  the  date  of  the  delivery 
thereof. 

Article  XXXVI. 

The  written  or  printed  case  of  each  of  the  two  [)artie8,  accompanied 
jhy  tiie  evidence  offered  in  support  of  the  same,  shall  be  laid  before  His 
[Majesty  the  Emperor  of  Germany  within  six  months  from  the  date 

6d 


si,^i 


m 

if 


,,  ,,,,,^,^ 


82 


NORTHWEST    WATER    BOUNDARY   ARBITRATION. 


of  the  exchange  of  the  ratifications  of  this  Treaty,  and  a  copy  of  .sucli 
case  and  evidence  shall  be  communicated  by  each  Party  to  the  otlnn 
through  their  respective  Kepresentatives  at  Berlin. 

The  High  Contracting  Parties  may  include  in  the  evidence  to  be  con 
sidered  by  the  Arbitrator  such  documents,  oflicial  correspondence,  aiul 
other  oflicial  or  public  statements  bearing  on  the  subject  of  the  rciVi 
ence  as  they  may  consider  necessary  to  the  support  of  their  respective 
cases. 

After  the  written  or  printed  case  shall  have  been  communicated  In 
each  Party  to  the  other,  each  Party  shall  have  the  power  of  drawing  nji 
and  laying  before  the  Arbitrator  a  second  and  detiuitive  statement,  if  it 
think  iit  to  do  so,  in  reply  to  the  case  of  the  other  Party  so  coniuniiii 
cated,  which  detiuitive  statement  shall  bo  so  laid  before  the  Arbitrator, 
and  also  be  mutually  communicated  m  the  same  manner  as  aforesaid. 
by  each  party  to  the  other,  within  six  months  from  the  date  of  layiiii 
the  first  statement  of  the  case  before  the  Arbitrator. 


Article  XXXVII. 

If,  in  the  case  submitted  to  the  Arbitrator,  either  I'arty  shall  speeitv 
or  allude  to  any  report  or  document  in  its  own  exclusive  ])0ssessi(jii 
without  annexing  a  copy,  such  Party  shall  be  bound,  if  the  other  Party 
thinks  proper  to  api)ly  for  it,  to  furnish  that  I'arty  with  a  copy  thercMji. 
and  either  Party  nmy  call  upon  the  other,  through  the  Arbitrator,  to  jno 
duce  the  originals  or  certified  copies  of  any  pai)ers  adduced  as  evidence, 
giving  in  each  instance  such  reasonable  notice  as' the  Arbitrator  mnv| 
require.  And  if  the  Arbitrator  should  desire  further  elucidation  or 
evidence  with  regard  to  any  point  contained  in  the  statenuMits  laid] 
before  him,  he  shall  be  at  liberty  to  require  it  from  either  Party,  ami 
ho  shall  be  at  liberty  to  hear  one  counsel  or  agent  for  each  Paity,  in 
relation  to  any  matter,  and  at  such  time  and  in  such  manner  as  he  inuv 
think  fit. 

[38]  *  Article  XXXVIII. 

The  licpresentatives  or  other  public  Agentsof  Great  Britain  and  ot'tlit] 
United  States  at  Berlin,  respectively,  shall  be  ccnsidered  as  the  Agents 
of  their  respective  Governments  to  conduct  their  cases  before  the  Aibi 
trator,  who  shall  be  rc^juested  to  address  all  his  cpmmuuications  and 
give  all  his  notices  to  such  Bepresentatives  or  other  public  Agents,  wlm 
shall  represent  their  respective  CJovernments  generally  in  all  mattiis 
connected  with  the  arbitration. 

Article  XXXIX,  .  , 

It  shall  be  competent  to  the  Arbitrator  to  proceed  in  the  said  arbitni 
tion,  and  all  matters  relating  th'.'reto.  as  and  when  he  shall  see  fit,  eitbtij 
in  x'cison,  or  by  a  person   or  jtersors  named  by  him  for  tl  .it  pur]Kbf.j 
either  in  the  presence  or  absence  of  either  or  both  Agents,  either  oialKJ 
or  by  Avritten  discussion,  or  otherwise. 

Article  XL. 

The  Arbitrator  may,  if  he  thiiit  fit,  appoint  a  Secretary  or  Clerk,  fortliej 
purjjoses  of  the  proposed  arbitration,  at  such  rate  of  remuneration  as  luj 
shall  think  proj)er.  This,  and  all  other  expenses  of  and  connected  witlij 
the  said  arbitration,  shall  be  provided  for  as  hereinafter  stipulated.      I 


CASE    OF    GREAT    RRITAIX — APPENDIX. 


83 


Article  Xlil. 

Tlie  Arbitrator  shall  1)C  refinested  to  deliver,  toj;etlier  uith  his  award, 
an  account  of  all  the  costs  ami  expenses  which  he  may  have  been  put  to 
in  relation  to  this  matter,  which  shall  forthwith  bo  repaid  by  the  two 
Governments  in  equal  m«)ieties. 

Article  XLIT. 

The  Arbitrator  shall  be  re<| nested  to  jiive  hisawar<lin  writing-  as  early 
as  convenient  after  the  whole  ease  on  each  side  shall  have  been  laid  be- 
fore Iiini,  and  to  deliver  one  copy  thei'cof  to  each  (»('  tlie  said  A.u'ents. 


ill 


Xo.  jr. 

i'oinjof  Trcufij  hciircen  Great  Britain  and  the  Unilcil  States  of  Amerira, 
siijiird  at  Washinfiton  on  the  I'tth  'how,  IMC).  \h(itijii-(ifii,ns  e.ahmificd 
at  J.ondon,  '/hIij  .17,  iSiO.  | 

Her  ^lajesty  the  (^)neen  of  the  United  Kin;;(loin  of  Great  III  itain  anil 
Ireland,  and  the  United  States  of  America,  deemin;;'  it  to  be  desirable  for 
the  future  well'are  of  both  countries  that  the  state  of  «loubt  and  uncer- 
laiiity  -which  has  hitherto  prevailed  respectinji'  the  Sovereignty  and 
Government  of  the  Territory  on  theXorth-west  Coast  of  America,  lyin^' 
westward  of  the  Eocky  or  Stony  ^Mountains,  should  be  finally  terminated 
l»y  an  amicable  comi)romise  of  the  ri,i>hts  mutually  asserted  by  the  two 
Parties  over  the  said  Territory,  have  respectively  named  rienipoten- 
tiaries  to  treat  and  agree  eoncerniny  the  terms  of  such  settlement,  that 
is  to  say : 

Her  JNFajesty  the  Queen  of  the  United  Kinodcnn  of  (.Ireat  r.ritain'and 
Ireland  has,  onller  part,  ai)pointcd  theliijiht  Honourable  IfichardPaken- 
liam,  a  INIember  of  Her  Majesty's  ]Most  ilonourable  J'rivy  Council,  and 
llor  ^[ajesty's  Envoy  Extraordinary  and  ^Minister  I'lenipotentiaiy  to  the 
L'uited  States  ;  and  the  J'resident  of  the  United  States  of  America  has, 
on  liis  part,  fiirniahed  with  full  powers  elanies  lUichanan,  Secretary  rtf 
State  of  the  tt|jj|^  States ;  who,  atter  havinji'  communicated  to  each 
otlicr  their  re^Hpire  full  ]»oweis,  found  in  j^ood  and  due  form,Miave 
ngrced  upon  antTiponeluded  the  following  Articles  :  ' 

Article  1 

From  the  ])oint  on  the  forty-ninth  iiarallel  of  north  latitude,  where  the 

boundary   laid   down  in    existing  Treaties  and  Conventions    between 

:(ireat  Britain  and  the  United  States  terminates,  the  line  of  boundary 

between  the  territories  of  Her  IJiitannie  JMajesty  and  those  of  the  United 

[•'States  shall  be  continued  westward  along  tlie  sai<l  Ibrty-ninth  parallel  of 

j  north  latitude,  to  the  middle  of  the  channel  which  separates  the  conti- 

j  noiit  fr<>m  Vancouver's  Island,  and  thence  southerly,  through  the  middle 

jot' the  said  channel,  and  of  Euca's  Straits,  to  the  I'acitic  Ocean;  pro- 

j  vided,  however,  that  the  navigation  of  the  whole  of  the  said  channel  and 

j  straits  south  of  the  ibrty-ninth   parallel  of  mnth  latitude  remain  free 

and  op(  n  to  both  Parties. 


\ 


II  PJ!  H.mw^ 


84 


XORTirWKST    WATER    liOlXDARY    ARI'.ITRATIOX. 


Article  II. 

From  the  ])oint  at  which  the  ibily-iiiiith  parallel  of  north  latitude 
shall  bo  I'oniul  to  iiiter.sect  the  ;4reat  lortheni  hranchof  the  Coluiiiljia 
liiver,  tlie  navi^^ation  of  the  said  branch  shall  be  free  and  open  to  tlu 
Hndson's  Bay  Coini)aiiy,  an«l  to'dl  Drltish  snbjects  trading  with  the  same. 
to  the  point  where  the  said  bran(;h  meets  the  main  stream  of  the  Coliim 
bia,  and  thence  <lown  the  said  main  stream  to  the  ocean,  withiree  access 
into  and  throngh  the  said  river  or  rivers  ;  it  being  nnderstood  that  all 
the  nsnal  portages  along  the  line  thns  described  shall,  in  like  mauii(.'i. 
be  free  and  oj^en. 

In  navigating  the  said  river  or  rivers,  British  snbjects,  with  tlicii 
goods  and  produce,  shall  be  treated  on  the  same  footing  as  citi/eiisui 
the  United  States;  it  being,  however,  always  understooil  that  notliiiij; 
in  this  Article  shall  be  construed  as  preventing,  or  intended  tn 
[oOJ  prevent,  the  Government  of  the  *  United  States  from  making  any 
regulations  respecting  the  navigation  of  the  said  river  or  livers, 
not  inconsistent  with  the  present  Treaty. 

Article  III. 

In  the  future  appropriation  of  the  territory  south  of  the  forty-ninth 
parallel  of  north  latitude,  as  i)rovided  in  the  First  Article  of  this  TreiUv, 
the  possessory  rights  of  the  Hudson's  Bay  Company,  and  of  all  British 
subjects  who  may  be  already  in  the  occupation  of  land  or  other  property 
lawfully  acquired  within  the  said  territory-,  shall  be  respected. 

Article  IV. 

The  farms,  lands,  and  other  property  of  every  description  belonging 
to  the  ruget's  Sound  Agricultural  Company,  on  the  north  side  of  the 
Columbia  Kiver,  shall  be  confirmed  to  the  said  Company.  In  case,  how 
ever,  the  situation  of  those  farms  and  lands  should  be  considered  by  tbe 
United  States  to  be  of  public  and  political  importance,  and  the  United 
States  Government  should  signify  a  desire  to  obtain  possession  of  tbe 
■whole,  or  of  any  part  thereof,  the  property  so  required  shall  be  trans 
ferred  to  the  said  Government  at  a  proper  valuation,  to  be  agreed  upoii| 
between  the  parties. 

Article  V. 


The  present  Treaty  shall  be  ratified  by  Her  Britannic  Majesty  and  by 
the  Bresident  of  the  United  States,  by  and  with  the  advice  and  consent  | 
of  the  Senate  thereof;  and  the  ratitications  shall  be  exchanged  at  Loii 
don  at  the  expiration  of  six  months  from  the  date  hereof,  or  sooner,  if| 
possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  thti 
same,  and  have  aflixed  thereto  the  seals  of  their  arms. 

Done  at  Washington,  the  loth  day  of  June,  in  the  year  of  our  Lord  I 
18IG. 

EICIIAIID  PAKENHAM.     [l.  s.J 
JAMKnS  BUCUANAN.  |l.  s.J 


..  ii 


CASE    OF    GRKAT    y.RITAIX Al'PENDIX. 


85 


Xo.  III. 


e  sitt'ued  m 


A  Narrative  of  the  Pasmije  of  His  Britannic  ^[(ljest^fil  ships  Discovery  and 
Chatham,  under  the  Command  of  Captain  Vancouver,  through  the  tStraits 
of  Juan  de  Fuca,  and  throtu/h  the  channel  hnoicn  at  the  present  day  as  the 
iiosario  Straity  to  Birch  Bay,  situated  in  the  ancient  Culf  of  Georgia,  S. 
23W.andy.l2  W.  {Extracted  from  Vol.  I  of  ^^  Captain  Vancouver's 
Voyages,''^  imhlished  in  1798.) 

On  tbe  29tli  April,  1792,  Captain  Vancouver,  in  coinniand  of  His 
Britannic  Majesty's  ships  Discovery  and  Cliatliani,  anchored,        a,,,,,  o,,  ,,-m, 
about  eight  miles  within  the  entrance,  on  tiie  soutliern  shore      ' '*"  -"• 
of  the  supposed  Straits  of  de  Fuca. 

On  the  following  morning  (30th)  the  expedition  weighed  anchor,  with  a 
favourable  wind,  and  the  same  evening  aiu'hored  off  a  low, 
sandy  point,  to  which  Captain  Vancouver  gave  the  name  oi        '^" '  ''  '' ' 
New  Dungeness. 

Ou  the  2nd  May  the  expedition  <]uitted  Xew  Dungeness,  and  sub- 
sequently anchored,  in  31  fathoms  water,  about  a  (juarter    ^.y  s,  ir.12  p„ge 
of  a  mile  from  the  shore,  in  a  liarbour,  to  which  was  given  --" 
the  name  of  l*ort  Discovery,  after  the  vessel  conunanded  by  Captain 
Vancouver. 

During  the  stay  of  the  expedition  at  Port  Discovery,  namely,  until 
the  18th  May,  boat  expeditions  v.ere  sent  to  explore  the  western  shore 
of  the  Straits. 

Ou  the  18th  INIay  the  ships  fpiitted  Tort  Discovery  and  entered  Admi- 
ralty Inlet,  aiul  ou   the  19th    thej'  anchored  off  Kestova-     „,y ,«  ,;.,,.  ,„g,. 
tion  Point,  the  name  given  to  an  anchorage    discovered  ''" 
therein. 

During  the  period  of  the  staj-  of  the  vessels  at  llestoration  Point, 
several  boating  expeditions  were  dispatched  to  explore  the 
shores  in  Puget  Sound  and  Admiralty  Inlet. 

Ou  the  30th  May  Captain  Vancouver  quitted  Pestoration  Point  and 
directed  his  course  to  the  opening  under  examination  by  Mr.    ^,,j.  :,„ ,;,,,,  p,,^ 
Broughton,  who  comnmnded  the  Chatham,  the  entrance  to  -■' 
which  lies  from  Restoration  Point  X.  20  K.,  5  leagues  distant,  and  there 
anchored  for  the  night. 

On  the  31st  May  he  again  weighed  anchor,  and  oii  the  2nd  June  Cap- 
tain Vancouver  anchored  his  vessels,  in  50  fathoms  water,     M.ym.  17.1 
in  ahranch  of  the  Admiralty  Inlet,  Avhich  hecalled  Possession  -"" 
Sound,  distinguishing  its  western  arm  by  the  name  of  Port  - 
Gardner,  and  its  smaller  or  eastern  one  by  that  of  Port  Susan. 

On  the   oth   June  the  expedition   quitted    Possession    Sound  and 
anchored  the  same  night  about  half  a  mile  from  the  western 
shore  of  Admiralty  Inlet. 

On  the  Gth  June  the  vessels  worked  out  of  the  iidet,  and  reached  its 
entrance  at  a  i)oint  to  which  Captain  Vancouver  gave  the  .i,„„.  „,  ir^.  page 
name  of  Point  Partridge,  and,  proceeding  iu)rthward,  after  -"' 
advancing  a  few  miles  along  the  eastern  shore  of  the  (lulf,  the  exi)edi- 
tion  was  obliged  to  anchor  in  20  fathoms  water,  finding  no  effect 
from  the  ebb  or  flood  tides,  and  the  wind  being  light  from  the  north- 
ward. 

"In  this  situation,"  Captain  Vancouver  stated,  "New  Dungeness 
bore  by  compass  S.  54  W.;  the  east  point  of  Protection  ii,..,r,iu.nn  hy 
Island,  S.  15  W.;  the  west  point  of  Admiralty  Inlet,  which,  l;";;;':,  ^^"",7;".' 
after  my  much  esteemed  friend,  Captain  George  Wilson,  of  ;,':;:"?;;„\'.',rH";Hna 
the  navy,  I  distinguished  by  the  name  of  Point  Wilson,  S.  r,;',:,';;'M!,'r;'^,'y'',' 
35  E.,  situated  in  latitude  48°  10',  longitude  237°  31';  the  "'-"™y„mi 


pagp 


nm.  ii:ige 


.Tulu*  Tj.  irnS,  page 
'.HI. 


..I 


ttUi 


Chatham. 


m    I'Hfifiw 


86 


KORTHWEST    WATKU   BOUNDAUV   ARUITKATION. 


Piim-'.".)!. 
Jim..- 7,   IT'.n. 


[40] 


.Tune 
L':i:). 


i;;i:',  1.: 


Ju 


ir'.L'. 


nearest  shore  east,  2  leagues  distant,  a  \o\v,  sandy  island, 
forming  at  its  west  end  a  low  cliff,  above  which  some  dwarf 
trees  are  produced  from  K.  20  W.  *to  N.  40  W.,  and  the  proposed 
station  for  the  vessels  during  the  examination  of  the  continental 
shore  by  the  boats,  which,  from  Mr.  Bro^-  '.ton,  who  had  visited  it,  oli 
tained  the  name  of  Strawberry  Bay,  V  x  \V.,  lit  the  distance  of  about 
G  leagues,  situated  in  a  region  apparently  much  broken  and  divided  by 
Avatcr.  Here  we  remained  until  7  in  the  evening.  AVe  then  weighed. 
butwith  so  little  wind  that,  after  having  drifted  to  the  southward  of  our 
former  station,  we  were  obliged  again  to  anchor  until  0  the  next  nioni 
ing,  when  we  made  an  attempt  to  proceed,  but  were  soon  again  com- 
pelled to  become  stationary  near  our  last  situation."' 

"On  the  7th  June,"  Captain  Vancouver  continues,  "about 
0  in  the  evening,  with  a  light  breeze  from  the  S.  AV.,  we 
weighed  and  stood  lo  the  northward ;  but  after  having  advanced  about 
eleven  miles,  the  wind  became  light,  and  obliged  us  to  anchor  about!) 
that  evening,  in  37  fathoms  of  water,  hard  bottom,  in  some  places 
rocky;  in  this  situation  we  were  detained  by  calms  until  Xha  after- 
noon of  the  following  day.  Our  observed  latitude  here 
Avas  iS'^  29',  longitude  237^*29';  the  country  occupying  the 
northern  horizon  in  all  directions  appeared  to  be  excessively  broken 
and  insular.  Strawberry  Bay  bore  by  compass  N.  10  W.  about  three 
leagues  distant ;  the  opening  on  the  continental  shore,  the  first  object 
for  the  examination  of  the  detached  part}',  with  some  small  rock  islets 
before  its  entrance  that  appeared  very  narrow,  bore,  at  the  distance  of 
about  five  miles,  S.  37  E. ;  Toint  Partridge,  S.  21  E. ;  the  low  sandy 
island,  south ;  the  south  part  of  the  westernmost  shore,  which  is  com 
posed  of  islands  and  rocks,  S.  37  AV.,  about  two  miles  distant ;  tlie 
nearest  shore  was  within  about  a  mile  ;  a  very  dangerous  sunken  rock. 
visible  only  at  low  tide,  lies  off  from  a  low  rocky  point  on  this  shore, 
bearing  I^.  79  W. ;  and  a  very  unsafe  cluster  of  small  rocks,  some  con- 
stantly, and  others  visible  only  near  low  water,  bore  IS".  15  AV.  about 
two  and  a  half  miles  distant. 

"  This  country  presented  a  very  different  aspect  from  that  which  we 
had  been  accustomed  to  behold  further  south.  The  shores  now  before 
us  were  composed  of  steep,  rugged  rocks,  whose  surface  varied  exceed- 
ingly m  respect  to  height,  and  exhibited  little  more  than  the  barreu 
rock,  which  in  some  places  produced  a  little  herbnge  of  a  dull  colour. 
with  a  few  dwarf  trees. 

"  With  a  tolerably  good  breeze  from  the  north  we  weighed  about  3 
in  the  afternoon,  and  with  a  flood  tide  turned  up  into  Strawberry  Bay. 
where  in  about  three  hours  we  anchored  in  IG  fathoms,  line  samly 
bottom.  This  bay  is  situated  on  the  west  side  of  an  island  which,  pro- 
ducing an  abundance  of  upright  cypress,  obtained  the  name  of  Cypress 
Island.  The  bay  is  of  small  extent,  and  not  very  deep ;  its  south  point 
bore  by  compass  S.  40  E. ;  a  small  i.slet,  forming  nearly  the  north  point 
of  the  bay,  round  which  is  a  clear  good  passage  west;  and  the  bottom 
of  the  bay  east,  at  a  distance  of  about  three-quarters  of  a  mile.  Tliii' 
situation,  though  veiy  commodious  in  respect  to  the  shore,  is  greatly 
exposed  to  the  winds  and  sea  in  a  S.SE.  direction." 

In  consequence  of  tlie  anchorage  being  much   exposed. 
Captain  Vancouver  resolved  to  proceed  with  his  vessels  up 
the  gulf  to  the  northwest  in  quest  of  a  more  commodious  situation. 

"  With  a  light  l)rceze  from  the  SE.,  about  4  o'jlock  the  next  morn- 
ing," (11th  June,)  Captain  A'ancouver  states,  "  we  quitted  this  station, 
and  passed  bet\veeu  the  small  island  and  the  north  point  of  the  bay  to 


,1 

L".'t). 


■11,  iriti,  1.; 


J A 


1  affaiii  com- 


CASE    OF    GREAT    BRITAIN APPENDIX. 


tlic  nortU  westward,  tlirough  a  cluster  of  immcrous  islands,  rocks,  and 
rocky  islets.  On  Mr.  JJronghton's  first  visit  hither  he  found  a  quantity 
of  very  excellent  strawberries,  'vhich  gave  it  the  name  of  Strawberry 
Buy;  but,  on  our  arrival,  the  fruit  season  was  passed.  The  bay  attbrds 
good  and  secure  anchorage,  though  sotr.etimes  exposed ;  yet,  in  fair 
weather,  wood  and  water  may  be  easily  i)rocured.  Tiie  island  of 
Cypress  is  principally  composed  of  high,  rocky  mountains,  and  steep 
perpendicular  cliffs,  wht('h,in  the  centre  of  Strawberry  Bay,  fall  a  little 
back,  and  the  space  between  the  foot  of  the  mountains  and  the  sea-side 
is  occupied  by  low,  marshy  land,  through  which  are  several  runs  of  most 
excellent  water,  that  find  their  way  into  the  bay  by  oozing  through  the 
beadi.  It  is  situated  in  latitude  is^  SGh',  longitude  237^  34'.  The  va- 
riation of  the  compass,  by  eighteen  sets  of  azimuths,  differing  from 
18^  to  21^,  taken  on  board  and  on  shore,  since  our  departure  from  Ad- 
miralty Inlet,  gave  the  mean  result  if  19°  o'  eastwardly.  The  rise  and 
fall  of  the  tide  was  inconsiderable,  though  the  stream  Avas  rapid.  The 
obb  came  from  the  east,  and  it  was  high  water  2h.  37m.  after  the  moon 
Lad])assed  the  meridian. 

"  We  proceeded  first  to  the  north-eastward,  passing  the  branch  of  the 
gnlph  that  had  been  partly  examined,  and  then  directed  our  course  to 
the  iiorth-westward,along  that  which  apjieared  a  continuation  of  the  con- 


tinental shore,  formed  by  low  sandy  cliffs, 


rising 


from  a  beach  of  sand 


and  stones.  The  country,moderately  elevated,  str-^tched  a  considerable 
distance  from  the  north-westward  round  to  these  ..h-eastward,before  it 
ascended  to  join  the  range  of  rugged,  snowy  mountains.  This  connected 
barrier,  from  the  base  of  Mount  Baker,  still  continued  very  lofty,  and 
appeared  to  extend  in  a  direction  leading  to  the  westward  of  north. 
The  soundings  along  the  shore  were  regular,  from  12  to  25  and  30 
fathoms,  as  we  approached  or  increased  our  distance  from  the  land, 
which  seldom  exceeded  two  miles ;  the  opposite  of  the  gulph  to  the 
south-westward,  composed  of  numerous  islands,  was  at  a  distance  of 
,  about  two  leagues.  As  the  day  advanced,  the  south-east  wind  grad- 
ually died  away,  and  for  some  hours  we  remained  nearly  stationary. 

"In  the  evening,  a  light  breeze  favouring  the  plan  I  had  in  contempla- 
tion, we  steered  for  a  bay  that  presented  itself,  where  about  C  o'clock 
we  anchored  in  G  fathoms  of  water,  sandy  bottom,  half  a  mile  from 
the  shore.  The  points  of  the  bay  bore  by  compass  S.  32  W.  and  IS".  72 
W. ;  the  westernmost  part  of  that  which  we  considered  to  be  the  main 
land  west,  about  three  leagues  distant;  to  the  south  of  this  jioint  ap- 
peared the  principal  direction  of  the  gulph  though  a  very  considerable 
arm  seemed  to  branch  from  it  to  the  north-eastward.  As  soon  as  the 
ship  was  secured,  I  went  in  a  boat  to  inspect  the  shores  of  the  bay,  and 
found,  with  little  trouble,  a  very  convenient  situation  for  our  several 
very  necessary  duties  on  shore  ;  of  which  the  business  of  the  observa- 
tory was  my  chief  object,  as  I  much  wished  for  a  further  trial  of  the 
rate  of  chronometers,  now  that  it  was  probable  that  we  should  remain 
at  rest  a  sufficient  time  to  make  the  requisite  observations  for  that  pur- 
pose. Mr.  Broughtou  received  my  directions  to  this  ettect,  as  also  that 
the  vessels  should  be  removed,  the  next  morning,  about  a  mile  further 
up  the  bay  to  the  north-east,  where  they  would  be  more  conveniently 
itationcd  for  our  several  operations  on  shore ;  and  as  soon  as  the  busi 

ness  of  the  observatory  should  acquire  a  degree  of  forward- 
[4iJ     *ness,  Mr.  Whidby,  in  the  Discovery's   cutter,  attended  by  the 

Chatham's  launch,  was  to  proceed  to  the  examination  of  that 
part  of  the  coast  unexplored  to  the  south-eastward  ;  whilst  myself  in 
the  yawl,  accompanied  by  Mr.  Paget  in  the  launch,  directed  our 
researches  up  the  main  inlet  of  the  gulph." 


rjT 


88 


NORTHWEST    WATKK    IJOUNDARY    ARBITRATION. 


No.  lY. 


i    i 


A  Narrative  of  the  Vni/tiyvH  made  hj  the  iipanisli  Vessels  Sutil  ami  Med- 
eana,  in  the  year  171H*,  to  explore  the  Strait  of  Fuea.  {Extracted  /mm 
the  Account  of  the  Voyage  jntltlished  at  Madrid  in  180li.) 

The  two  scliooncrs  Sntil  .and  Mcxicana  quitted  Xootka  in  the  nij^iht 
between  the  4th  and  5th  of  Jnne,  1792,  and  thtf  following  is  an  account 
of  the  progress  of  the  expedition  through  the  Strait  of  Juan  de  Fiicii, 
translated  from  the  Spanish  narrative  published  at  Madrid  in  ISOL* : 


El  viento  cedio  luego  que  salinios 
del  canal  que  forma  la  entrada  de 
Nutka,  y  siguio  calmoso  hasta  las 
once  de  la  manana,  que  se  entablo 
la  virazon  por  el  O.S.O.  Fne  r^ufres- 
cando  en  la  tarde,  y  nosotros  se- 
guiraos  con  toda  vela, llegando  a  an- 
dar  hasta  siete  millas  por  corredera, 
que  es  el  mayor  audar  <|ue  adver- 
timos  en  las  goletas.  De  las  cinco 
a  las  siete  se  fue  quedando  el 
viento,  y  al  anochecer  estabamos 
diez  y  seis  millas  al  O.  10°  N.  de 
la  entrada  de  Nitinat,  y  cinco  millas 
de  un  islotillo  que  tenianios  por 
miestro  traves. 

Debiamos  segun  las  circunstan- 
ciasdirigirnos  j'l  adelantar  el  reco- 
Mocimiento  de  la  entrada  de  Juan 
de  Fuca;  por  esta  razon  no  nos 
detuvimos  a  examinar  los  puntos 
de  la  costa  que  teniarnos  a  la  vista, 
y  solo  corriinos  bases  para  colocar 
algunos,  y  rectiiicar  la  carta  que 
de  ella  habian  levantado  los  oflciales 
y  pilotos  del  departaniento  de  San 
Bias,  cuyo  por  menor  liallamos 
bueno. 

Seguimos  navegando  en  la  noche 
con  toda  vela  al  F].  5°  S.,  con  viento 
fresco  por  el  O.S.O.,  en  la  confianza 
de  que  la  claridad  de  la  noche,  que 
aumento  a  las  diez  con  la  luz  de  la 
luna,  nos  proporcionaba  toda  se- 
guridad;  a  las  dos  se  quedu  casi 
calma  el  viento,  y  amanecimos  en 
estas  circunstancias  como  media 
legua  al  S.  E.  de  la  punta  E.  de 
Nitinat,  y  a  la  vista  de  la  boca  del 
estrecho  6  entrada  de  Juan  de  Fuca. 

Hasta  las  once  siguio  ia  calma ; 
les  corrientes  nos  respaldaron  para 
dentro  del  Estrecho  como  una 
legua.  #  #  # 


The  wind  abated  as  soon  as  we 
left  the  channel  which  forms  tlie 
inlet  of  Nootka,  and  it  contiinied 
calm  until  11  in  the  morning,  when 
the  sea-breeze  set  in  from  AV.S.W. 
It  freshened  in  the  afternoon,  niul 
Ave  proceeded  with  all  sail,  making 
as  much  as  7  miles  by  the  log, 
which  is  the  greatest  way  that  wo 
observed  in  the  schooners.  From 
5  to  7  the  wind  continued,  and  at 
nightfall  we  were  IG  miles  W. 
10°  N.  from  the  inlet  of  Nitinat, 
and  5  miles  from  a  small  islet  which 
we  had  abreast  of  us. 

We  Avere,  according  to  circum- 
stances, to  employ  ourselves  in  ad- 
vancing the  survey  of  the  inlet  of 
Juan  de  F'uca ;  for  this  reason  we 
did  not  stop  to  examine  the  points 
«>f  the  coasts  which  we  had  in  sight, 
and  only  ran  bases  to  place  some 
(of  them)  and  to  rectify  the  chart 
of  it  taken  by  the  oflicers  and  pilots 
of  the  Department  of  San  Bias,  the 
detail  of  which  we  found  good. 

We  continued  our  course  in  the 
night  Avith  all  sail  to  E.  5°  S.,  with 
a  fresh  Avind  from  W.S.W.,  trusting 
that  the  clearness  of  the  night, 
which  was  increased  at  10  o'clock 
by  the  light  of  the  moon,  Avould  af- 
ford us  every  security ;  at  2  o'clock 
the  Avind  Avas  almost  calm,  and  thus 
day  broke  upon  us  about  half  a 
league  S.E.  of  the  east  point  of 
Nitinat,  and  in  sight  of  the  mouth 
of  the  strait  or  inlet  of  Juau  de 
Fuca. 

The  calm  continued  until  11 
o'clock ;  the  currents  carried  us 
about  a  league  within  the  Strait. 


J--A 


CASK    OF    t.REAT    J5KITAIN APPENDIX. 


89 


eriioon,  ami 


A  las  once  se  eutablo  el  viento 
por  el  S.O.,y  nos  dirigimosal  E.S.K. 

para  atravesar  la  boca  del  Estrecbo. 

*  *  #  # 

A  las  cuatro  de  la  tardo  avista- 
mos  el  I'lierto  de  Nunez  Gaona,  y 
poco  desfnies  luia  coibeta  en  sii 
I'ondeadero,  que  conjetnranios  ser 
la  noinbrada  "rrincesa,"  peiieiie- 
ciente  al  Dep.irtaraento  de  San 
l>las.  Seguiinos  la  derrota  j'l  cos- 
tear  la  parte  O.  del  pnerto,  y  a  poco 
Ilo^'<'»  el  Tenieute  de  Navio  Don  Sal- 
vador Fidalgo,  Coniandante  do 
(liclia  corbeta,  y  nos  contirmo  en  la 
idea  de  que  la  costa  O.  del  puerto 
era  sucia,  conio  lo  indicaba  el  sar- 
gazo ;  la  dejamos  perdiendo  bar- 
lovento,  y  a  costa  de  algunos  bordos 
eoiiseguimos  anclar  (i  las  sels  y 
media  de  la  tarda  miiy  ])r6ximos  a 
la "  rrincesa/'        #        *        # 

xVunque  el  Alferez  de  Navio  D. 
Manuel  Qnirnper  Labia  reeonocido 
liasta  el  Puerto  de  Quadra,  y  el 
Teniente  do  Navio  Don  Francisco 
Eliza  basta  el  Canal  de  nuestra 
Sefiora  del  Kosario  en  los  afios  an- 
teriores,  no  Inibian  examina- 
[i2]  do  las  bocas  de  *Caamano, 
de  rion,  Seno  de  Gaston, 
Canal  de  Floridablanca,  Boeas 
del  Cannelo  y  de  Mazarredo. 
Tor  las  noticias  que  liabian  adqui- 
rido  de  los  Indios,  la  de  Caamano 
internaba  niucbo,  pero  su  fondo  no 
))ermitia  paso  sino  a  las  canoas ;  la 
do  Flou  era  de  muy  poca  conse- 
ciiencia.  Juzgaban,  con  alguna 
diula,  cerrado  el  Seno  de  Gaston,  y 
proponian  como  el  reconociniiento 
man  interesante  el  de  la  Boca  de 
Floridablanca,  que  segun  se  pre- 
seiitaba  en  la  carta  que  babiau 
trazado  de  estos  canales,  ofrecia 
dos  entradas  formadas  por  una  isla 
colocada  en  su  niediauia,  que  des- 
pues  de  nuestro  exanien  se  ballo  ser 
la  Peninsula  de  Cepeda  y  Langara. 
El  canal,  segun  babiau  compre- 
bendido  j'l  los  ludios,  internaba 
inucho.  *  #  # 

Con  tales  noticias  tratamos  de  in- 
ternarnos  para  acabar  deexaminar 
el  Seno  de  Gaston,  y  proceder  al 
reconociniiento  del  Canal  de  Flori- 


At  11  tbe  wind  set  in  from  S.W., 
and  we  proceeded  E.S.K.  to  cross 
the  nioulJi  of  the  Strait.    *        * 

At  4  111  tbe  afternoon  we  sighted 
the  port  of  Nunez  Gaona,  and  soon 
after  a  corvette  in  its  anchorage, 
whicli  we  supposed  to  be  that  called 
Princess,  belonging  to  the  Depart- 
ment of  San  Bias.  Wa  shaped  our 
course  to  coast  along  tlie  west  part 
of  the  port,  and  in  a  short  time 
Lieutenant  Don  Salvador  Fidalgo, 
Conunamler  of  the  saitl  corvette, 
came  on  board,  and  he  conlirmed 
us  in  our  opinion  that  the  west  coast 
of  the  port  was  foul,  as  the  kelp  in- 
dicated ;  we  dropped  away  from  it, 
losing  the  favourable  wind,  and, 
after  some  tacks,  succeeded  in  an- 
choring, at  half  past  0  p.  m.,  very 
close  to  the  Princess.       *        * 

Although  Sub-Lieutenant  Don 
jNIanuel  Quimper  had  surveyed  as 
far  as  the  port  of  Quadra,  and 
Lieutenant  Don  Francisco  Eliza  as 
far  as  the  Channel  of  Our  Lady  of 
the  Eosary,  in  the  preceding  years, 
they  bad  not  examined  the  mouths 
of  Caamafio,  of  Flon,  Bay  of  Gas- 
ton, Channel  of  Floridablanca, 
mouths  of  Carmelo  and  of  Mazar- 
redo.  From  the  information  which 
they  had  obtained  from  the  In- 
dians, that  of  Caamano  went  far 
inlaiul,  but  its  depth  did  not  fdlow 
a  passage  except  to  canoes.  That 
of  Flon  was  of  very  little  importance. 
They  thought,  though  with  some 
doubt,  that  the  Bay  of  Gaston  was 
closed  ;  and  they  proposed,  as  the 
survey  of  most  interest,  that  of  the 
mouth  of  Floridablanca,  which,  as 
shown  on  the  chart  which  they  had 
drawn  of  those  channels,  presented 
two  inlets  formed  by  an  island  sit 
uated  in  its  oentre,  which,  after  our 
examination,  was  found  to  be  the 
peninsula  of  Cepeda  and  Langara. 
The  channel,  as  they  had  under- 
stood from  the  Indians,  penetrated 
far.  »  #  *  * 

With  such  information  we  thought 
of  penetrating  inwards  to  finish  the 
examination  of  the  Bay  of  Gaston, 
and  to  proceed  to  the  survey  of  tbe 


!     ' 


'^'rkl 


-^ 


rri- 


90 


NORTHWEST    WATKR    BOl'NUARY    ARIUTRATION. 


':  * 


dablsuica,  dejaiulo  los  ile  Caainano 
y  Floii  como  de  nu'iios  eiitidad,  y 
mas  propios  para  ser  reconocidos 
on  el  caso,  quo  creiamos  i)robable, 
do  baber  de  retvoooder.  La  dircc- 
cioii  del  Canal  deCaanianoliaciael 
Sur,  y  la  probabilidad  do  que  fueso 
51  salir  u  la  boca  de  Ezeta  proxiina 
SI  los  4CP  14'  de  latitud,  im  otra  de 
las  considoracionesquetuviinos  pre- 
sentcH  al  adoptar  este  plan. 

A  las  doco  entro  el  vionto  tlojo 
por  el  S.  Vj.  ;  ol  tiempo  claro  uos  in- 
dicaba  que  en  el  canal  reiiwiria  el 
O.  A  las  docc  y  media  diinos  la 
vela,  y  dirlftiiuos  a  pasar  ])or  ol  pe- 
quefio  canal  que  liay  al  E.  de  la 
isleta  de  la  boca ;  lo  que  consoffui- 
mos  con  felicidad.  EsK  canal  es 
mny  estrecbo  por  las  re.  Lindas  que 
salon  de  las  puntas  que  lo  I'orman, 
y  asi  solo  debo  seguirse  cuando  lo 
cxija  la  necesidad,  6  se  vea  on  olio 
una  ventaja  decidida.  A  nosotros 
iios  ])aroei6  que  adelants'ibamos  la 
iiavesacion,  puos  pensabamos  se- 
guir  la  costa  sur  del  Estroclio,  por 
ostar  llona  de  excelentes  fondea- 
deros.    *    *    * 

Luego  que  saliinos  del  canal,  co- 
iiocimos  que  la  derrota  que  debia 
liacerse  para  internar  en  ol  era 
acercarse  ;'i  la  costa  N.,  respecto  de 
quo  en  la  que  Intentabamos  seguir 
reinaba  una  i>erfecta  calma.  Cuan- 
do vimos  el  oleage  que  movia  el 
viento  fu6  preciso  ecliar  el  bote  al 
agua  y  armar  los  remos  para  salir 
a  encontrarle.    *     *    * 

Luego  que  salimos  al  viento 
fuimos  dirigiendonos  a  la  costa  del 
N.,  navegaudo  al  X  N.  E.  y  arri- 
baudo  para  el  E.  al  paso  que  nos 
ibamos  acercando  a  ella:  a  las  once 
de  la  noche  nos  pusimos  li  costearla 
li  distancia  de  una  legua  escasa,  y 
seguimos  con  el  viento  al  O.  If.  O., 
fresco  con  un  tiempo  claro  y  her- 
moso. 

Anianocinios  corca  de  la  Punta 
de  Moreno  de  la  Vega,  y  orzamos  a 
pasar  por  entre  ella  y  los  islotes 
quo  tiene  en  sucercania:  derrota 
que  indicaba  Tetacus,  y  que  reco- 
meudabau  mucbo  los  que  babian 


Cbannel  of  Floridablanca,  leaving 
tbose  of  Caaniano  and  Flon  as  of 
loss  importance,  and  more  flttingto 
bo  surveyed  in  case  of  our  baving 
to  fall  back,  wbicli  we  tbouglit 
probable.  The  direction  of  the 
CliJinnol  of  Caamano  towards  the 
south,  and  the  i)robability  of  its 
issuing  at  the  mouth  of  E/.eta,  nonr 
m^  14'  latitude,  was  another  of  tlio 
considerationswhicbwehadinmiiid 
when  adopting  tiiis  plan. 

At  12  o'clock  began  a  slack  wind 
from  S.  E.  The  dear  weather  indi- 
cated that  the  AV.  would  prevail  in 
the  channel.  At  balf  past  12  wc 
made  sail,  and  shaped  our  course 
to  pass  by  the  little  cbannel  which 
there  is  to  the  E.  of  the  islet  in  the 
mouth.  This  channel  is  very  nar- 
row, on  account  of  the  reefs  which 
issue  from  the  points  which  form  it, 
and,  therefore,  it  ought  only  to  be 
followed  in  a  case  of  necessity,  or 
if  it  api>ears  decidedly  advanta- 
geous. To  us  it  appeared  that  we 
were  advancing  the  navigation,  for 
we  tbougbt  of  following  the  south 
coast  of  the  strait,  because  it  had 
plenty  of  excellent  anchorages.  * 

As  soon  as  we  got  out  of  the 
cbannel,  we  found  that  tbe  course 
to  be  taken  to  get  inwards  was  to 
approacb  tbe  N.  coast,  because  on 
that  Avbicb  we  were  trying  to  follow 
a  perfect  calm  prevailed.  When 
we  saw  tbe  waves  whicb  were 
moved  by  tbe  wind,  it  was  necessary 
to  launcli  tbe  boat  and  ship  the 
oars  to  go  to  meet  tbem.     *    *    « 

As  soon  as  we  got  out  into  the 
wind,  we  shaped  our  course  to  the 
K.  coast,  navigating  to  N.  K  E. 
and  bearing  for  E.  as  we  were  get- 
ting near  to  it.  At  11  at  night  we 
began  to  coast  along  it  at  the  dis- 
tance of  a  short  league,  and  we 
went  on  witli  tbe  wind  fresb  from 
W.  ]^.  W.,  tbe  weather  calm  and 
line. 

Day  broke  upon  us  uear  the 
Point  of  Moreno  de  la  Vega,  and 
wo  luffed  to  pass  between  it  and  the 
islands  in  its  vicinity — a  route 
pointed  out  by  Tetacus,  and  much 
recommended  by  tbose  who  bad 


J....M 


CAffiE    OF    (iUIUT    imiTAIN — ArPENDIX. 


01 


iiavoprado  en  oste  Estrocho.  Vori- 
fk'iulo  oste  pa.so,  iibonaiizo  el  vieiiTo, 
y  sc^niiinos  cou  veiitoliiias  del  (.). 
al  S.  toUa  la  niauana.    *     *    # 

Xos  diiigimos  al  jmerto  de  Cor- 
doba, doiide  Tetacus  iiidicabadebia 
quedarse,  y  si  que  daba  el  nonibre 
Cliacliiniiitupusas.  Tetacus  habia 
dorinido  con  sosiepo  toda  la  nocbe, 
no  desniintiendo  Jamas  sulranqueza 
y  conllanza ;  dabaHutratocontinnas 
piuobas  de  sii  I'aeil  coinprebension  ; 
conoeia  en  la  carta  la  eonlijjuracion 
del  estreclio  »';  islas  descubiertas,  y 
nos  dijo  los  iionibre.s  que  el  les 
(laba.  JlJoblada  la  Punta  de  IMoreno 
(ie  la  A'ega  nos  advirtio  liiciesenios 
alli  agua  <|ue  era  rica  y  abundante, 

porque  ]»asado  a<iuel  sitio 
[43J      los  nianantiales  *eran  escasos 

y  el  agua  do  nial  sabor. 
(Joinia  con  aseo  de  cuanto  le  daban, 
iuiitando  en  todo  iiuestras  aceiones, 
que  observaba  sienq)re  cuidadosa- 
meute.  Se  acordaba  do  los  noinbres 
<le  todos  los  capitanes  Ingleses  y 
Espafioles  que  ban  visitado  la  costa 
de  tierrji-flruie  y  arcliipi61ago8  de 
Clancuad  y  Nutka,  y  aun  uos  dio 
noticia  de  que  luibia  dos  einbarca- 
cioncs  grandes  deutro  del  Estrecbo. 


Cuaudo  nos  liallabanios  cerca  de 
laradade  Eliza  se  acercarou  a  bordo 
de  la  "Mexicana"  tres  canoas  cou 
cnatro  6  cinco  Indios  cada  una,  pero 
siu  querer  atracar  al  eostado. 

A  las  once  de  la  niafiana  conse- 
guimos  toniar  el  puerto  de  Cordoba, 
y  anclamos  en  seis  brazas  do  agua, 
suelo  arena,  en  la  parte  del  S.  del 
i'ondeadero.  *  *  *  Se  despidio 
Tetacus  de  nosotros  con  la  mayor 
cordialidad  y  se  fue  si  tierra.    *    * 

Por  la  tarde  estuvimos  en  tierra 
visitando  las  rancberias  de  Tetacus, 
donde  babia  como  cincuenta  Indios. 
*  *  *  Tetacus  mostraba  la  mayor 
amistad  Ji  sus  buespedes  *  *  * 
y  nos  retiramos  (i  bordo  nuiy  satis- 
t'ecbos.  Por  la  uoche  hubo  sum  a 
quietud  en  el  puerto,  y  nosostros 
tuvimos  la  vigilancia  que  pedia  el 
evitar  una  ocasion  de  desgracia.   * 


navigated  in  tbis  strait.  This  pas- 
sage having  Itcen  nuule,  tbe  >vind 
went  down,  and  we  pro('<4»Mled  witb 
ligbt  breezes  from  ^V.  to  S.  all  the 
morning.  ♦  #  « 

"NVe  steered  for  the  i)ort  of  Cor- 
dova, where  Tetacus  said  be  was 
to  stay,  and  to  wbich  he  gave  tbe 
name  of  Chaebimutupusas.  Teta- 
cus bad  slept  quietly  all  night, 
never  belying  bis  frankness  and 
conlldence ;  his  behaviour  gave  con- 
tinual proolH  of  his  easy  compre- 
hension ;  lie  undeistood  on  the 
chart  the  configuration  of  the  strait 
and  the  islands  discovered,  and  ho 
told  us  the  names  which  lie  gave 
them.  AVhen  the  Point  of  Moreno 
do  la  A'e<.a  was  doubled  he  advised 
us  to  take  water  there,  as  it  was 
excellent  and  abundant,  but  after 
passing  that  idace  the  springs  were 
scanty,  and  the  water  of  bad  taste, 
lie  ate  what  was  given  to  him  with 
decency,  imitating  our  actions, 
which  ho  always  carefully  observed 
in  all  things.  He  remembered  the 
names  of  all  the  English  andSpau- 
ish  captains  who  had  visited  the 
coast  of  the  maiidand  and  the  arch- 
ipelagos of  Claucuad  and  Nootka, 
and  ho  also  informed  us  that  there 
were  two  large  vessels  within  the 
strait. 

"When  we  were  near  the  roadstead 
of  Eliza,  three  canoes  approached 
the  Mexicana,  with  four  of  five  In- 
dians in  each,  but  without  wanting 
to  come  alongside.        #        #        * 

At  11  inthemorningwesacceeded 
in  making  the  port  of  Cordova,  and 
we  anchored  in  six  fathoms  of  water, 
sandy  bottom,  in  the  southern  part 
of  the  anchorage  *  *  *  Tetacus 
took  leave  of  us  with  the  greatest 
cordiality,  and  went  ashore.     *     * 

In  the  afternoon  mo  landed  and 
visited  the  huts  of  Tetacus,  where 
thcrewereaboutlifty Indians.  *  * 
Tetacus  was  exceedingly  friendly  to 
his  guests  *  *  *  and  we  re- 
turned on  board  very  well  satisfied. 
At  night  it  was  perfectly  quiet  in 
the  port,  and  we  exercised  such 
vigilance  as  was  necessary  to  pre- 
vent any  chance  of  misadventure.  * 


-<',t 


1^. 


t'^m 


02 


XOIJTIIWEST    WATKU    MOINKAUY    AltlHTHATKiN. 


VA  piuMtodeCN'tidoba  cs  hcrnioso.        The  \m\\  ofCoidovii  is  hfiiutiCiil. 


I'iii  osto  i>y('rt(»  fiU'  (IoikI*^  la  ftolcta 
" Satin iiinii"  tiiv<Mnu'  cafioncar  las 
(laiioasdclnsliabitaiitos  paraiU'lcii- 
der  la  lanclia  del  i)a(iiU'l»ot  Haii 
CaiioH,  <|ue  vciiia  on  sii  consciva,  y 
do  la  quo  ob.stiiiadaineiito  (|Uoi'iaii 
apodoiarso. 

Coinool  tioinpoiios  liabia  favore- 
{'i<lo  para  (pie  dotoriniiiaHonios  on  ol 
dia  la  latitud  y  loiiftitud  dol  puorto, 
nos  lovanios  s'l  la.s  trosde  la  madru- 
gada  con  la  niaroa  .salionto.  Dondo 
las  oclio  do  la  niaPiana  oinpozamos  a 
gozar  do  la  virazon,  (pio  ontiM  bo- 
nanciblo  \)ov  el  S.  S. ().  Nosdiiiyi- 
nio8  a  la  nicdiania  dol  canal  ])ara 
tenor  el  vionto  en  toda  su  I'noiza  y 
buscar  las  Islas  de  Donilla,  qne  son 
una  buoini  niarca  para  la  dorrota. 
rasanios  algunos  escarceos  mny 
fuortos  de  las  corrientos,  y  avistadas 
las  islas  nos  diriginios  a  ellas,  de- 
jandolas  por  estribor.  A  las  cinco 
do  la  tanle,  qne  empozo  a  qnedarse 
el  viento,  atracanios  la  pnnta  S.  E. 
de  la  Isla  de  San  J  nan  para  dar 
I'ondo  a  la  parte  E.  de  ella,  lo  qne 
consegnimos  a  las  nnove  de  lanoche. 

El  objoto  principal  de  toinar  este 
ancladero  era  i»ara  ol)sorver  en  ol 
nna  emersion  del  primer  satelite  do 
Jnpitor.  *  #  # 

Al  foudear  estaba  la  marea  pa- 
rada ;  so  oxamino  su  fuerza,  y  nunca 
past)  de  nna  niilla  y  media  por  bora 
en  direccion  al  S.  S.  E.  liastalas  tros 
y  media,  y  a  esta  bora  cambio  para 
adentro.  Snbio  ol  agna  de  ocho  a 
nueve  pies. 

A  las  siete  de  la  mafiona  <o  doj«> 
sentir  una  ventolina  por  cl  B.S.  E.; 
con  ella  dimos  la  vela  ;\i.r  t  aprove- 
cbar  lo  rcstante  de  la  uiaroa  favo- 
rable ;  el  cielo  estaba  nublado,  y  el 
liorizoute  apenas  era  de  una  milla. 
Cenimos  el  vionto  para  atravesar  a 
la  costa  del  E.,  no  solo  para  seguirla 
y  no  perder  la  boca  del  Canal  de 
Guemes,  qne  va  por  entre  la  isla 
de  este  nombre  y  la  costa,  sino  tam- 
bien  para  montar  los  islotes  que  hay 
alamedianiadel  canal  en  queestiiba- 
mos,  y  sobre  los  que  nos  respaldaba 
a  corrionte  con  rapidez.    A  propor- 


It  was  in  this poit  that  the  sohoonci 
Satnriiina  had  to  tiro  upon  tlic 
canoes  of  the  inhabitants  to  dolond 
tlio  lanncii  of  the  paokotboat  Suii 
Carlos,  which  cami!  in  her  company, 
and  of  which  thoy  obstinately  cm 
doavonrod  to  got  possession. 

As  the  weather  had  boon  so  fav- 
ourable astoenablons  to  detorminc 
the  latitude  and  longitude  of  tlio 
port  in  the  day  time,  wo  weighed  iit 
.'»  in  the  morning  with  the  tido 
going  out.  From  S  in  the  morninj; 
W(;  began  to  enjoy  the  breeze  which 
sprung  np  lightly  from  S.  S.W.  We 
steered  for  the  middle  of  the  chan- 
nel to  have  the  wind  in  all  its  force, 
and  to  seek  the  islands  of  lUmilla, 
which  are  a  good  mark  for  the 
course.  Wo  ])assed  some  very 
strong  races,  and,  having  sighted 
the  islands,  we  made  for  them  and 
left  them  on  the  starboard  hand.  At 
")  in  the  afternoon,  when  the  wind 
began  to  fail,  we  ueare<l  the  S.  K. 
poiiit  of  the  Island  of  San  Juan,  in 
order  to  cast  anchor  at  its  eastern 
]>art,  which  we  etfected  at  0  at  night. 

The  prircipal  object  of  taking  this 
an. d: ./rage  was  to  observe  there  uu 
emersion  of  the  chief  satellite  of 
Jnpitor.  #  #  * 

On  anchoring,  the  tide  was  at  the 
slack ;  its  force  was  examined,  and 
it  never  exceeded  a  mile  and  a  halfan 
hour  in  the  direction  of  S.  S.IO.,  until 
half  past ."»,  when  it  changed  for  the 
direction  inwards.  The  water  rose 
from  8  to  \)  feet. 

At  7  in  the  morning  a  breeze  was 
felt  from  S.  S.IC. ;  with  it  we  set  sail 
to  avail  ourselves  of  the  remainder 
of  the  fa^  ourable  tide ;  the  sky  was 
cloudy,  and  the  horizon  scarcely  a 
mile.  We  hugged  the  wind  to  cross 
to  the  east  coast,  not  only  in  order 
to  follow  it  and  not  to  lose  the 
mouth  of  the  channel  of  Giiemes, 
which  runs  between  the  island  of 
that  name  and  the  coast,  but  also 
to  double  the  islets  which  are  in  the 
mid'Jle  of  the  channel  in  which  we 
were,  and  upon  which  the  current 
was  driving  us  with  rapidity.    In 


CASK    Ol'    (iWi;AI     HKHAIN — .M'PKMiIX. 


93 


cjoii  i|iic  fitiinos  siiliciiilo  a  Isi  nii'- 
(liaiiiii  I'ue  tcsiimlo  .v  aliirj;iiii(los('  la 
vciitoliiiii:  airiltaiiiiis  al  past)  ()ii<> 
iios  acrrcabaiiiDs  a  la  ('<»sta  tli'I  I!., 
y  costcamos  las  dos  Islas  .Monos 
roil  <'l  aiixilio  dc  la  viia/oii  (|IH' 
iipaiitii  por  t'l  S.  (Icsdc  las  oclio 
do  la  iiiafiaiia,  (1<'>p('JaiMl<)  «-l  cit'lo. 
Jjl('j;ainos  ii  la  piiiita  S.  (>.  «U>I  (anal 
do  (liii'int's,  y  ciihainoM  «'ii  cI.  iiavc- 
••iiiulo  al  ])i'iii(:ipi(>  a  iiicdio 
[H|  *fre()  para  libeitanios  de  la 
caliiia  dc  la  costa ;  ]>t'n)  ya 
doiitro  tomo  ol  viciiti)  sii  dirt'ccioii, 
yiios  aciTcaiuos  a  la  del  8iir  para 
iilicrtanios  dc  la  liicrza  (U;  la  cor- 
ik'iit(^ coMtraria,  que  seiiipn; coiitrrt- 
rcHtaiiios  ('(Ml  iniu'lia  vciitaja,  jnu^s 
aiiiupie  el  vicuto  cstaba  llojo,  aiida- 
l)aiii<)S  tros  nullas  y  media  por  liora. 
La  iiavi'<;a<!ion  era  iiiny  ajiiadabh', 
l»or  lo  frondctso  de  la  oosfas.  JOii 
la  del  N.,  que  a  la  entrada  es  de 
playa,  vinios  una  raiielieria  pr(»xiina 
alapiiiita  X.  ().,  que  exaininada  eon 
ol  anteoji.ie  hallo  eonsistir  en  dos 
casas  jiiandes;  varios  Indios  cor- 
ri(''rou  a  la  playa,  .se  einbarearon  en 
una  canoa.  y  se  dirigieron  ii  las 
goletas,  diindoles  eaza  eon  tanto 
acierto  conio  i)udiera  haeerlo  el 
mas  experto  inarino.  #  #  # 
Eiitre  tanto  seguinios  la  eosta  del 
.Sur  del  canal  por  einco  brazas  de 
agua  I'ondo  arena  liasta  la  punta  S. 
E.,  y  desde  esta  lo  atravesamos  diri- 
iiicndonos  a  la  panto  tajada  del  N. 
li,  de  la  que  pasaiuos  a  niuy  corta 
distancia  para  seguir  la  costa  de 
la  Isla  de  Giienies,  y  i)or  ella  y 
las  "Tres  llernianas"  dirigirnos  al 
yeno  de  Gaston. 

Luego  que  doblanios  la  punta  N. 
E.  quedanios  en  calma,  y  fue  nece- 
sario  acudir  a  los  reiuos  para  verdi- 
carel  paso,  contrarestaiido  algunas 
ventolinas  escasas  del  O.S.O  «iue 
so  oponiau;  ])ero  luego  q\ni  pasa- 
iuos las  islai ,  llamo  el  vieuto  al  O. 
y  cefiimos  v  biertos  por  babor  para 
inoutar  la  Punta  de  Solauo.  El 
calor  incomodaba  mucho,  pues  auu- 
que  el  termoinetro  a  la  soiiibra  es- 
taba  eu  la  graduaciou  teinplada, 
expuesto  al  sol  subia  hasta  veiute 
y  nueve  grados  y  medio,  y  aun  hu- 


pi'()|(ortion  as  we  weie  getting  into 
mid  rlianiu'l  the  bree/c  iVeslicmMt 
and  veered  att ;  we  l>ore away  whilst 
we  neared  the  eastern  coast,  and 
w«'  coasted  along  the  two  Morros 
Islands  with  the  aid  of  the  breeze, 
w  hich  was  direct  S,  from  S  in  the 
morning,  and  (;leai'ed  the  sky.  We 
reachccl  the  S.^^'.  point  of  thi*  (dian- 
nel  of  (liicnies,  and  we  entered  it, 
lavigating  at  tirst  in  mid-channel 
tit  avoid  thiM'alm  of  tluM'oast;  but 
Wiicn  within,  the  wind  took  its  di- 
rection, and  we  neared  that  of  the 
S.  to  avoid  the  force  of  the  coidrary 
current,  whiidi  we  always  resisted 
with  great  advantage,  I'or  although 
the  wind  was  slack  we  went  three 
miles  and  a  half  an  hour.  The  nav- 
igation was  very  jtleasant  Jrom  the 
woodiness  of  the  coasts.  On  that 
of  the  N.,  which  at  the  entrance  is 
a  beach,  we  saw  a  station  near  the 
X.W.  point,  which,  on  being  ex- 
amined with  a  telescope,  was  seen  to 
consist  of  two  large  houses;  several 
Imlians  ran  to  the  beach,  endtarked 
in  a  canoe,  and  made  for  the 
schooners,  giving  them  chase  with 
as  Duich  skill  as  the  most  exi»ert 
si'aman.  *  ,  *  *  Meanwhile  we 
followed  the  south  coast  of  the 
channel  in  live  fathoms  of  water, 
sandy  bottom,  to  the  S.M  jtoint,  and 
from  that  we  crossed  it  towards  the 
N.E.  point,  from  which  we  passed 
at  a  very  short  distance  to  follow 
the  coast  of  the  Island  of  Giiemes, 
and  by  thatand  the  "Three  Sisters" 
to  make  for  the  liay  of  (Jastou. 


As  soou  as  we  doubled  the  N.E. 
])oint  we  were  becalmed,  and  it  was 
necessary  to  resort  to  the  oars  to 
make  the  passage,  resisting  some 
scanty  breezes  from  W.S.VV.  which 
opposed  us;  but  as  soou  as  we 
passed  the  islands  the  w  ind  veered 
to  the  W.,  and  we  hauled  free  to 
port  to  double  the  Point  of  Solano. 
The  heat  was  very  distressing,  for, 
although  the  thermometer  iu  the 
shade  was  at  the  temperate  degree, 
when  exposed  to  the  suu  it  rose  to 
29^  degrees,  and  would  even  have 


1 

'it 
rt 


-.     vV 


^>^A 


w 

hi 


f 


94 


NORTHWEST    WATER   BOUNDARY    ARIJITRATION. 


I 

f 

r' 


biera  siibido  mas  si  no  luiblt^ranios 
salida  a  eiicontrar  la  coniente  del 
Tiento. 

A  las  ciiico  eiitablo  este  por  el 
S.;  liiclnios  rumbo,  y  Jios  iiiterna- 
mos  en  el  Sonode  Gaston,  ({iie  ann- 
que  no  e.staba  del  todo  reconocido, 
costeanios  su  parte  E.  paia  diri^ir- 
nos  a  su  I'ondo,  y  ver  si  tenia  en  »''l 
algnn  canal.  El  viento  fue  retVes- 
cando,  y  iavoreeidos  de  «''l,  estaba- 
mos  al  anocliecer  satislechos  de 
que,  ciKvndo  mas,  babria  un  lio  ])e- 
queno  en  su  parte  interior.  La 
costa  <iue  lo  forniaba  era  de  tierra 
biija  y  anegadiza,  (jue  corria  por 
entre  dos  lomas,  y  ii  algunadistan- 
cia  aparentaban  canal ;  el  Ibndo  era 
de  seis  a  siete  brazas,  piedra,  y  pen- 
sabamos  boidear  para  echarnos 
fuera,  cnando  caimos  en  cinco  greda 
dura,  por  lo  (lue  se  prelirio  tbndear 
contando,  como  liasta  entonces  ha- 
biamos  visto,que  el  viento  se  queda- 
ria  eu  la  noche.  La  sitnaeion  era 
buena  para  dejar  caer  el  ancla,  y 
poder  reconocer  mas  prolijamente 
la  parte  interior  de  la  ensenada  en 
la  mafiana  siguiente.  Alerramos 
todo  aparejo,  aviso  el  timonel  de  la 
Sutil  do  cuatro  brazas  de  I'ondo,  y 
se  dejo  caer  el  ancla;  perodespues 
de  arriar  treinta  brazas  de  cable,  se 
hallo  la  goleta  en  dos  y  media  de 
agua. 


Tnmedisitainente  Uiando  el  Co- 
mandante  sondar  i)or  la  po])a  y  las 
aletas;  a  dos  cables  de  ('.istancia  si 
halltirou  dos  brazas,  y  se  couocio 
(pie  el  ancla  habi  i  cai(U)  en  tres. 
Esta  e«piivocacion  del  timonel  nos 
puso  en  muy  mala  sitnaeion.  Se 
pas('»  la  noclie  con  cuidado,  y  du- 
rante toda  ella  \ffici('>  el  agua,  de 
suerte  quo  al  am.mecer  est;ibamos 
en  una  braza  y  media,  llabiamos 
visto  claridades  al  S.E.  de  la  mon- 
tafia  del  Carmelo,  y  aun  a  ve^'cs 
algnnas  llamaradas,  sefiales  ([ue  no 
dejiirou  duda  (pie  bay  volcanos 
eon  luertes  eruiK'iones  en  atpiellas 
cercanias.  La  iMejicaiut  liabia  fon- 
deado  como  dos  cables  mas  al  O,,  y 
en  mediii  braza  meuos  de  agua ;  el 


risen  higher  if  we  liad  not  gone  out 
to  meet  the  current  of  the  wind. 

At  .")  o'clock  the  wiiul  settled 
from  the  S.:  we  made  our  cour.so, 
and  we  went  into  the  Bay  of  Gas- 
ton. Although  it  was  not  at  all 
surveyed,  we  coasted  along  its  east- 
ern part,  in  order  to  make  for  its 
extremity,  and  to  see  if  there  was 
any  channel  in  it.  The  wind  still 
freshened,  and,  favoured  thereby, 
we  were  by  nightfall  satisfied  tliat 
it  could  have,  at  most,  but  a  small 
river  in  its  inner  part.  The  coast 
which  formed  it  was  of  low,  imiii- 
dated  land,  which  ran  bet\Yeentwo 
hillocks,  and  at  some  distance  they 
appeared  to  be  a  (channel.  Tlic 
deptu  was  from  0  to  7  fath- 
oms, stony,  and  we  were  about  to 
tack  to  get  out,  when  we  fell  into 
.")  fathoms  har<l  clialk,  wherefore 
it  Avas  thought  best  t(>  aiu-hor,  reck- 
oning, as  we  had  found  until  then, 
that  the  Avind  would  continue  in 
tlie  night.  The  situation  was  favour- 
able for  casting  anchor  and  for  ex- 
amining more  carefully  the  innci 
part  of  the  inlet  on  the  following; 
morning.  AVe  made  all  fast,  the 
steersman  of  the  Hutil  notiticd  I 
fathoms  depth,  and  the  anchor  was 
dropped,  but,  after  paying  out 
oO  fathoms  of  cable,  the  schoonci 
was  found  to  be  in  2  and  a  lial! 
fathoms  of  water. 

The  connminder  immediately  ot 
dered  soundings  at  the  stern  and 
the  ((uarters;  at  two  cables  dis- 
tance two  fathoms  were  found,  ami 
it  was  ascertained  that  the  anchor 
had  ralleii  in  three.  This  mistake 
of  the  steersman  placed  us  in  a  very 
awkward  situation.  The  night  was 
])asscd  with  anxiety,  and  during 
the  V  hole  of  it  the  water  decreasetl, 
so  that  at  daybreak  we  were  in  ;i 
fathom  and  a  half.  We  had  seen 
illuminations  to  the  S.IC.  of  tlie 
mountain  of  Carmelo,  and  even 
some  Hashes  at  times,  indications 
which  left  no  doubt  that  there  aiv 
volcanoes  with  strong  erui>tions  in 
those  parts.  The  ^lexicana  had 
anchored  about  two  cables  more  to 


CASE    OF    GREAT    BRITAIN APPENDIX. 


95 


ot  jioiie  out 
he  Aviiid. 

iiul  settled 
nnr  course, 
iay  of  Gas- 
not  at  all 
)iif?  its  east- 
nake  lor  its 
t'  tliere  was 
e  wind  still 
etl  thereby, 
itistied  that 
but  a  small 

The  coast 
r  low,  inuii- 
)etweentwo 
istance  they 
mnel.  The 
to  7  tilth- 
re  about  to 
we  Cell  into 
,  wheretbi'c 
mclior.  reck- 
[  until  then, 
continue  in 
I  was  favour- 
and  for  c\- 
y  the  inmi 
le  followiiiii 
dl  fast,  tlii' 
I  notili<'d  1 
!  anclior  was 
payin.i;:  oat 
le  schooiK'i 

and  a  liali 


ediately  or- 

'  stern  and 

cables  dis- 

found,  and 

the  ancluir 

lis  niistalsi' 

us  in  a  very 

\eni^ht  was 

and   duriiii; 

r  decreased, 

wer«^  in  a 

i>  had  set'U 

^.1-:.   of   tlie 

and    even 

indications 

at  there  arc 

pru].tions  in 

xicana   had 

>les  more  to 


vicnto,  fine  hahia  soplado  en  la 
no(die  bastante  fresco  por  el  8.S.E., 
babia  levantado  alj;una  nnirejada, 
con  lo  ((ue  empezb  u  tocar  de  popa. 
I)i(')  una  espia  inmediatemente  con 
su  lancha,  y  sobre  ella  trat(>  de  dar 

lavehisiu  larjiar  el  cabo  has- 
[■15|      ta  estar  en  viento.     *Entre 

tan  to  la  Sutil  se  llanni  a 
l»i(|ue  del  ancla,  y  se  halh)  en  dos 
bra/as  de  agua ;  se  estaba  metiendo 
el  bote  para  dar  la  vela  (juando 
avertimos  que  la  IMejicana  habia 
varado,  per  lo  que  so  volvio  a  c(.'har 
I'liera,  y  se  le  en\  16  para  auxiliarla. 
Habia  tenido  aquella  goleta  la  des- 
<;Ta('ia  de  venirsele  el  anclote,  que 
habia  dado  con  la  espia,  y  se  hal- 
laba  nniy  expuestu  a  dar  un  ban- 
da/.o,siendo  preciso  a  la  gente  hacer 
palanca-  con  los  remos  para  evitar 
este  desastre.  A  la  Sutil  tambien 
se  le  vino  el  ancla  en  el  instante  de 
liar  la  vela,  y  por  pronto  <|ue  se 
a(  iidio  con  el  a[»arejo,  varo  en  seis 
Iiiesescasosdeagiui;  i)ero  tonnulas 
las  debidas  luovidenciis,  al  cabo 
de  una  hora  salicroii  las  dos  ;'i  Uote. 


Inniediatamente  se  procedi(')  a 
dis|)oner  los  bu(iues  i)ara  dar  la 
vela  y  continuar  la  navegacion,  y  a 
las  ncho  y  media  de  la  ma  nana,  ya 
estaban  bordeando  con  el  viento 
iVesco  del  H.S.K.  para  ecbarse  fuera 
del  t5enodeCiaston,sia  exi)erimen- 
tar  (lue  hiidesen  agua  alguim.  aun- 
(jue  liabian  dado  muchos  golpes  en 
el  Ibndo. 

J)e.spues  de  varios  bordos  mon- 
ti'iron  las  ])untas  S.  y  (>.  del  t?eno 
de  (iaston  a  las  cuatro  de  la  tarde, 
y  eiitraron  por  el  Canal  de  I'acheco ; 
siiL;uith'on  por  medio  Ireo,  cediendo 
algo  el  viento,  y  tomando  la  direc- 
eion  dJ  mismo  caiud,  luego  que 
eutniron  en  el,  Despues  de  salir 
did  canal,  en  la  Eusemula  de  Lara, 
viinos  dos  embarcaciones  menores, 
la  una  con  aparejo  de  mistico,  y  la 
otra  con  vcda  redonda,  que  seguian 
hi  costa  liacia  el  2f.  No  dmlamos 
que  pertenecerian  a  los  dos  biuiues 
Inglesescpie  estabau  en  el  Estrecho, 


the  W.,  and  in  half  a  fathom  le5» 
Avater;  the  wind,  which  had  blown 
pretty  fresldy  in  the  night  from 
S.S.l"'.,  had  raised  a  swell,  with 
which  it  began  to  touch  at  the 
stern.  She  immediately  gave  out 
a  warp  with  her  hr.'uch,  and  upon 
that  setabout  hoisting  sail  without 
loosing  the  ro[)e  until  meeting  the 
wind.  .Meanwhile  the  Sutil  was 
shortening  in  her  cable,  and  was 
found  to  be  in  two  fathoms  water; 
we  were  hoisting  in  the  boat  in 
order  to  set  sail,  when  we  noticed 
that  the  Mexicana  had  grounded: 
it  was,  therefore,  got  out  again  and 
sent  to  her  assistance.  Tha  t  schoon  • 
er  had  had  the  misfortune  to  drag 
home  the  stream  anchor,  which  she 
had  cast  with  the  warp,  and  was  in 
great  danger  of  going  over,  so  that 
it  was  necessary  for  the  men  to 
prop  her  with  the  oars  to  i)revent 
such  a  disaster.  The  Sutil  also 
dragged  home  her  anchor  at  the 
moment  of  setting  sail,  ami  (piiidvly 
as  the  tackle  was  resorted  to  she 
^.ounded  in  a  scanty  six  feet  of 
water;  but,  all  due  means  having 
beeu  applied,  at  the  end  of  an  hour 
both  vessels  were  afloat. 

l*reparations  were  immediately 
made  for  the  vessels  to  set  sail  and 
continue  the  Jiavigation,  and  at 
half  past  S  in  the  m  nning  they 
were  ta(d<ing  with  a  fresh  S.S.E. 
wind  to  get  out  of  the  Jbiy  ol'd.is- 
ton,  and  it  was  i;ot  foun<l  that  they 
made  any  water,  although  they  had 
frequently  struck  the  bottom. 

After  various  ta(dvs  they  double<l 
the  S.  and  W.  i)oints  of  the  J>ay  of 
tlaston  at  I  in  the  afternoon,  and 
nnide  for  the  Channel  of  Pacheco; 
they  proceeded  ^'  jnid-channel,  tlie 
wind  somewhat  ai)ating,  and  taking 
the  direction  of  the  channel  itself 
as  soon  as  they  entered  it.  After 
leaving  the  channel,  in  the  Creek 
of  Lara,  we  saw  two  smaller  boats, 
one  with  sliding  sail-rigging,  the 
other  Avith  .s(piare  sail,  which  were 
following  the  coast  toward  the  N. 
We  had  no  doubt  that  they  be- 
loiigeil  to  the  two  English  vessels 


-;?»■ 


w 


96 


NORTHWEST    WATER    BOUNDARY    ARBITRATION. 


sog'un  lasnoticias  do  nnc-stro  amigo 
Tetacius.  Soguiinos  sin  variar  «lo 
riiiubo,  peusaiulo  iiavegar  toda  la 
iioche  coll  ])Oca  vela,  y  ainanecor 
Hobie  la  ruiita  tli>  ^^aii  llafael  para 
estar  al  i)rincipio  del  dia  en  la  boca 
do  Floridablaiii^a,  6  iiiternanios  on 
olla  SI  voiitioar  dosde  liiego  sii  le- 
ooiioeiinionto  quo,  couio  so  ba  dicbo, 
toiiiainos  niotivo  para  croor  fuoso 
nmy  iiiterosaiite.  Atravosamos  do 
dioz  a  docc  do  la  nocbo  la  I'^useiiada 
dol  (iaizon,  viondo  luces  doutro  do 
olla,  quo  nos  indicaron  quo  los  bu- 
<iues  a  <iue  portonoeiau  las  einbar- 
cacionos  nicnores  ostaban  en  aquel 
londoadoro. 

El  ^  ionto,  quo  vobi  fresco  toda  la 
nocbo,  bizo  cuniplieramos  la  dis- 
tancia  basia  cerca  do  la  Puuta  do 
San  Kafael  a  la  una  do  olla.  Cefii- 
inos  con  las  j;avi«s  arraidas  do  la 
vuelta  do  I'uoia,  y  a  las  dos  do  la 
nianana  viranios  do  la  de  dentro, 
sondando  ;'i  jtoco  tionipo  eu  siote 
brazasdo  Ibndo;  volviuios  a  toniar 
la  vuelta  do  fuera,  y  coiitinuo  dis- 
niinuyendo  el  londo  basta  cinco 
brazan  arena.  En  esta  situacioii 
parocio  oportuno  dejar  caer  el  ancia 
por  no  emiienarso  do  nocbo  en  bus- 
car  la  salida,  ni  ser  prudonto  el 
continuar  bacia  la  boca  sin  tenor  de 
olla  mas  seguro  conociniiento. 

Eondeanios,  y  c<v:  las  prinioras 
luces  del  dia  vinios  quo  estabanios 
a  medio  canal,  en  la  enlilacion  do 
l*unta  do  San  ]ial'ael  con  la  punta 
E.  do  la  Ton  insula  do  Cepeda. 


wbicb  were  in  tbe  Strait,  according 
to  tbe  information  of  our  friend 
Totacus.  We  went  on  witliout 
cbanginp;  '"ourso,  tbinkinjj^  to 
navij^f'te  all  nigbt  witb  little  sail 
and  to  bo  oft"  tbe  l*oint  of  Sail 
Kafaol  at  daybreak,  so  as  to  {>'et  to 
tbe  moutb  of  Floridablanca  early  in 
tbe  morninjr.  to  go  witbin  and  to 
make  tbe  survey  at  once,  wbicb,  as 
bas  been  said,  we  bad  reason  to 
believe  would  bo  very  intorestiIlf,^ 
From  10  to  12  at  nigbt  we  crossed 
tbo  Creek  del  Garzon,  and  saw 
ligbts  witbin  it  wbicb  indicated 
tbat  tbe  vessels  to  wbicb  tbe  small- 
er boats  belonged  were  in  tbat 
anchorage. 

Tbe  wind,  wbicb  kept  fresb  all 
night,  enabled  us  to  make  tbe  dis- 
tance to  near  tbe  Point  of  San 
llafael  by  1  o'clock.  Wo  stood  out- 
ward with  reefed  topsails:  a^d  at 
2  in  the  morning  we  vt  e  ;  :1  ,  >ixi, 
sounding  soon  in  sevi ;;  iai  .  1,8 
deep ;  wo  again  stood  out  war-'  and 
tbo  depth  continued  decreasing  to 
tivc  fathoms  sand.  In  tbis  situa- 
tU)n  it  appeared  fitting  to  cast 
alicbor,  so  as  not  to  run  any  risk  in 
seeking  tbe  outlet  at  nigbt,  and  as 
it  was  not  prudent  to  continue  near 
tbe  month  witbout  having  more 
certain  knowledge  of  it. 

We  anchored,  and  with  tbe  liist 
lij^ht  of  diiy  wo  saw  tbat  we  were 
in  mid-cbannel,  in  a  lino  with  the 
I'oint  of  San  Itafaol,  and  tbe  East 
point  of  the  reninsula  of  Cepeda. 


[40]  *Ji('Jaeio)i  (Id  Viage  hccho  j:ot' 
Jas  (ioktas  iSiitil  y  Mcri- 
cana  en  d  Aho  (h  17J>2,  df. 

La  noticia  confusa  dol  reconoci- 
miento  becbo  on  1592  ])or  ol  piloto 
Ciriego  Juan  do  Fuca  dol  canal  do 
8u  nombre,  era  la  nnica  <iue  tenia- 
mo8  hasta  el  ano  de  1789.  Ha- 
llaudoseen  Nutkael  Alferez  de  Na- 


A  reference  to  the  voyage  of  Suhlku- 
tenant  J>on  Manuel  (^hdt.iper,  in 
1790,  to  the  IStrait  of  Fuca,  e,r- 
tracted  from  Chapter  I  of  the  Xar- 
ratire  of  the  Xoijage  of  the  SutH 
and  Mexicana,  hi  1792. 

Tbe  confused  account  of  the  ex 
nmination  made  in  1592  uy  *';' 
Greek  pilot  John  de  Fuca,  v,  li; 
channel  which  bears  his  name,  wi!> 
the  only  one  we  had  up  to  the  year 
1789.    Sub-lieuteM.iut  (Alf(f5rez  de 


£^- 


.:..a 


CASE    OF    r.REAT    BRITAIN — APPENDIX. 


97 


,  accordiiip; 
our  iVi«Mi(l 
II    without 
nkin^jf     to 
I  little  sail 
ut  of   Sail 
IS  to  j^vt  to 
iK'a  early  in 
bin  aiul  to 
e,  wliicli,as 
L  reason  to 
interestinj;. 
we  crossed 
,  and    saw 
I  indicated 
li  the  small- 
ere  in  tliat 

[)t  fresli  all 
ake  the  dis- 
)iut  of  San 
'e  stood  out- 
lils;  and  at 
MPil  *  v>  3rd, 
T'^  'a;  ^  .  iiS 
lutwar.'  ami 
ecreasing  to 

I  this  situa- 
iiio-    to  cast 

II  any  risk  in 
oht,  and  as 
jntinnenear 
avins  more 


ith  the  tirst 
liat  we  were 
ine  with  the 
lid  the  East 
of  Cepedii. 


of  t^uh-lii'X- 

\(/ui).qk'}',  in 

!>/■  Fuca,  ex- 

'oftheKar- 

1  of  the  Suiil 

r> 

it  of  the  ex 
1592  ity  ^u" 
tuca,  o  til- 
ls name,  was 
to  the  year 
|(Alf6rez  dc 


vio  Don  Esteban  ]\Iartinez,  des- 
pues  de  haber  tornado  posesion  de 
este  puerto  en  nombre  de  Su  Ma- 
gestad,  record*')  qne  en  1774,  de 
vuclta  de  su  expedicion  al  Norte, 
le  liabia  parecido  ver  una  entrada 
luuy  ancha  por  los  48°  20'  de  lati- 
tiul.  Orejeudo  que  pudiese  ser  la 
de  Fiica,  commisiono  un  segundo 
piloto  mandando  la  goleta  Gertru- 
(lis  para  que  se  cerciorase  de  si  ex- 
ista  6  no  dicha  entrada ;  en  efecto 
el  piloto  volvio  diciendo  la  habia 
liallado  de  veinte  y  una  milas  de 
anclio,  y  cuya  mediania  estaba  en 
480  30'  tie  latitud,  y  19o  28'  al  O. 
de  San  Bias. 

l*asadas  estas  noticias  a  la  supe- 
rioridad,  tuvo  orden  el  Teniente  de 
Navio  Uon  Francisco  Eliza  en  el 
auo  de  1790  jiara  hacer  practicur 
un  reconociniieuto  prolixo  de  esta 
entrada.  Destino  a  esta  fin  al  Al- 
fcrez  de  la  misma  clase  Don  Manuel 
Quimper,  mandando  la  balandra  la 
Priiioesa  Iteal.  Este  oficial  se  hizo 
ii  la  vela  del  inuerto  de  Nutka  el 
.)1  *le  Mayo,  rcconocio  el  puerto  de 
Claucaud,  se  interno  despues  en  el 
eaiial  de  Fuca,  visito  algunos  puer- 
tos  y  parte  de  la  costa,  levanto  sus 
jdaiios,  y  se  retir«3  el  1  de  Agosto, 
no  babiendole  permitido  los  tiem- 
pos  el  continuar  los  trabajos. 

Al  afio  siguiente  recibio  Eliza 
ordenes  del  virey  de  Nueva  p]spana 
(iira  llevar  a  su  fin  el  reconoci- 
jiiK'iito  ya  enij)ezado,  y  quo  cau- 
s  :i  la  curiosidad  de  los  geografos. 
!>;«•!!:,  oticial  salio  de  Nutka  man- 
(UiK'i-  el  paqueirot  San  Carlos  y 
>.  'ita  Horcasitas,  con  la  intencion 
\arse  a  los  CAP  de  latitud,  y 
dosceiider  examinando  la  costa 
iiasta  el  canal  de  Fuca,  c  interifr- 
izarse  eu  cl  para  reconocerlo  com- 
I'it'uamento;  pero  no  periniticn- 
d(de  los  vieutos  en  muchos  dias  el 
Ki'iiaral  norte,  resolvioeinpezar  los 
reconoci alien tos  por  los  48'^,  y  en- 
vo('(')  el  canal  el  dia  27  de  Mayo. 
"  rnniiiecid  en  cl  hasta  cl  7  de 
-i^coslo,  en  qne  se  vio  precisado  a 
rctirarse  por  teller  ya  escorbutica 
I'aite  de  su  tripulacion,  y  carecer 

7d 


Navio)  Don  Esteban  Martinez, 
being  at  Nootka,  after  having 
taken  possession  of  that  port  in 
the  name  of  Her  Majesty,  stated 
that,  in  1774,  in  returning  from  his 
expedition  to  tL3  north,  he  thought 
he  saw  a  very  wide  entrance  at  48° 
20'  latitude.  Believing  that  it  might 
be  that  of  I'uca,  he  directed  a  sec- 
ond mate  (piloto)  in  command  of 
the  schooner  Gertrudis  to  ascer- 
tain whether  that  entrance  existed 
or  not.  The  mate  returned,  saying 
that  he  had  found  it  to  be  twenty- 
one  miles  wide,  and  its  center  in 
480  30'  latitude,  19°  28'  west  of  San 
Bias. 

These  accounts  having  been  sent 
on  to  the  authorities.  Lieutenant 
Don  Francisco  Eliza  received  or- 
dt-iS  in  the  year  1790  to  have  a  mi- 
nute survey  made  of  that  entrance. 
He  appointed  Sub  -  lieutenant 
Don  Manuel  Quimper,  who  com- 
manded the  sloop  Princesa  Real, 
for  that  purpose.  The  said  officer 
sailed  from  the  port  of  Nootka  on 
the  31st  of  May,  examined  the  port 
of  Clauc{\ud,  afterwards  pene- 
trated the  channel  of  F\ica,  sur- 
veyed some  iiorts  and  part  of  the 
coast,  drew  pla'.s  of  them,  and  re- 
tired on  the  1st  of  August,  the 
weather  not  having  allowed  him  to 
continue  his  labors. 

In  the  following  year  Eliza  re- 
ceived orders  from  the  viceroj'  of 
New  Spain  to  complete  the  exami- 
nation already  begun,  and  which 
excited  the  curiosity  of  geogra- 
phers. That  otficer  left  Nootka  in 
command  ol"  the  jiacket  San  Carlos 
and  the  schooner  llon^asitas,  in- 
tending to  go  up  to  W^  latitude, 
and  toomedown  and  examine  the 
coast  t(  the  channel  of  Fuca,  then 
to  ente;'  therein  to  examine  it  com- 
pletely ;  but  the  wind  not  allowing 
him  for  many  days  to  get  to  the 
north,  he  determined  to  begin  his 
examinations  at  48°,  and  entered 
the  channel  on  the  27th  of  May.  Ue 
remained  in  it  till  the  7th  of  Au- 
gust, when  he  fiuind  himself  obliged 
to  retire  because  part  of  his  crew 
had  the  scurvy,  ami   he  hatl  not 


rss: 


Mi 


98 


NORTHWEST    WATER    BOUNDARY   ARBITRATION. 


de  (lietas  para  suministrarle.  En 
este  tienipo  liiza  levaiitar  pianos 
de  alguno.s  puertos,  y  exaniinar  im 
trozo  (Ic  la  costa  al  piloto  Don 
Joseph  Narvaez,  no  pudiendo  veri- 
iicarlo  por  si  a  causa  de  baber  caido 
eufermo. 

De  vuelta  a  Nutka  escribio  al 
■virey  'Je  Nueva  Ivspana  Ins  resultas 
de  su  viage,  y  despues  de  otras  re- 
flexiones  dice  :  "  Asegumndo  a  Y. 
E.  que  el  paso  al  oceauo  que  con 
tanto  anbelo  buscan  sobre.esta 
cos!:a  las  naciones  extrangeras,  si 
es  que  lo  Lay,  uje  parece  no  Lal- 
larse  por  otra  parte  que  por  este 
gran  canal." 


the  necessary  diet  for  them.  Dur- 
ing  this  time  he  caused  plans  to 
be  made  of  some  of  the  ports,  and 
had  part  of  the  coast  examined  In 
the  mate,  Don  Joseph  Narvacz. 
being  unable  to  do  it  himsell'  bo 
cause  he  had  fallen  sick. 

On  his  return  to  Nootka  he  wrote 
the  results  of  his  voyage  to  tbe 
viceroy  of  New  Spain,  and,  aftei 
other  remarks,  he  said :  " Assurin}; 
your  excellency  that  the  passage 
to  the  ocean  which  foreign  natious; 
seek  for  so  eagerlv  on  this  coast,  it 
there  be  one,  will  not  be  found,  as 
it  appears  to  me,  ehewhere  than 
by  this  great  channel." 


[47] 


*No.  V. 


tilll^: 


Dedarativ,  W.  H.  McXeill,    W.  Mitchell,   Captain  Sicanson,  Meam. 

Anderson,  ...  G.  Lewis,  and  Finlayson,  master  mariners,  d'c,  who  hua 
commanded  or  arc  in  command  of  vessels  navigating  the  straits  hctmn 
Vancoitver's  Island  and  the  continent  of  America. 

To  all  to  whom  these  presents  shall  come:  I,  Montague  William  Tvi 
whitt  Drake,   of  the  city  of  Victoria,  Province  of  liritish  Columbin. 
Dominion  of  Canada,  notary  public,  duly  admitted  and  practicing  in 
pursuance  of  an  act  of  Parliament  made  and  passed  in  the  0th  year  oi 
the  reign  of  His  Majesty  King  William  IV,  intituled  "An  act  to  repeal 
an  act  of  the  present  session  of  Parliament,  intituled  an  act  for  tLe  I 
more  etfectual  abolition  of  oaths  and  affirmations  taken  and  mado  in 
various  departments  of  the  state,  and  to  substitute  declarations  in  lien 
thereof,  and  for  the  more  entire  suppression  of  voluntary  and  extraju 
dicial  oaths  and  affidavits,  and  to  make  other  i)rovisions  for  the  abolition 
of  unnecessary  oa'i  s,"  I  do  hereby  certify  that,  on  the  day  of  the  date  I 
liereof,  personally  came  and  appeared  before  me  llenry  Slye  Mason, 
named  and  described  in  the  declaration  hereunto  annexed,  being  a  lui 
son  well  known  and  worthy  of  good  credit,  and,  by  solemn  declaration! 
which  the  said  Ueury  Slye  jMason  then  made  before  me,  did  solemnly 
and  sincerely  declare  to  be  true  the  several  matters  and  things  men 
tioned  and  contained  in  tlie  said  annexed  declaration. 

In  faith  and  testimony  whereof  I  have  set  my  hand  and  seal  of  oHice.| 
and  have  caused  the  said  declaration  to  be  hereunto  annexed. 

Dated  in  Victoria,  the  29th  dav  of  September,  A.  D.  J871. 

'M.  W.  TYKWIIITT  DKAKE, 

Notary  Fuhlic. 

I  hereby  certify  that  Montague  William  Tyrwhitt  Drake,  whose  signa  | 
ture  is  hereunto  attached,  is  a  notary  public,  duly  admitted  and  pnn 
ticing  in  the  city  of  Victoria,  Province  oi  British  Columbia,  Dominion  oi| 
Canada. 

In  testimony  whereof  I  have  hereunto  set  my  Land  and  official  sea 
this  4tL  day  of  October,  1871. 

CIIARLES  GOOD, 

Colonial  ISecretury. 


CASE    OF   GREAT    BRITAIN APPENDIX. 


09 


This  is  the  paper  writinjr  marked  Z,  produced  and  sliown  to  William 
Henry  McNeill,  William  Mitchell,  and  John  Swanson,  and  referred  to 
in  their  several  declarations,  marked  respectively  A,  1>,  and  C,  declared 
this  27th  day  of  September,  1871. 
Before  me : 

M.  W.  TVliWHITT  DKAKK, 

Xotan/  I'lihUc. 

Z. 

I,  Henry  Slye  Mason,  of  Victoria,  in  the  Province  of  British  Columbia, 
in  the  Dominion  of  Canada,  clerk  to  the  attorney-general,  do  solemnly 
and  sincerely  declare  as  follows : 

That  the  following  are  the  interrogatories  submitted  to  Ilerbert  G. 
Lewis,  Alexander  Caulfield  Anderson,  John  Swanson,  William  II.  Mc- 
Xeill,  and  William  ^Mitchell ;  and  on  the  perusal  of  which  interrogato- 
ries tliey  gave  tlie  answers  respectively  contained  in  the  several  accom- 
panying statutory  declarations,  marked  A,  li,  C,  D,  and  E : 

Interrogatories  rehitive  to  the  Northwest  Water-BountJary  Question  suh- 
mitfcd  to  Alexander  Canljicld  Anderson,  Herbert  (/.  Lewis,  John  tSwan- 
son,  William  11.  McNeill,  and  William  Mitchell. 

1.  About  1845-'1G,  had  the  Iludsoifs  Bay  Company  any  fort  or  settle- 
ment on  the  Fraser  Itiver  ? 

L*.  How  did  trading-vessels  or  other  craft  communicate  with  that  fort 
or  settlement  from  foreign  parts,  and  from  other  settlements  on  the 
Cohnnbia  Itiver,  or  its  neighborhood  ? 

'?.  The  date  of  the  settlement  of  Fort  Langley  on  Fraser  liiver  ? 

4.  About  the  time  of  the  negotiation  of  tlie  Treaty  of  June,  184G,  \s  hat 
was  the  common  opinion  of  Great  Britain  insisting  on  the  49th  parallel 
being  deflected  in  a  southerly  direction  through  the  Straits  of  Fuca  to 
the  TaciPc,  instead  of  cutting  through  A'^ancouver's  Island  ? 

■).  If  to  secure  access  to  the  possessions  to  the  northward  of  49°  par- 
allel, state  what  possessions  Great  Britain  held  to  the  northward  of  41)°, 
and  where. 

G.  If  the  free  navigation  of  the  straits  and  adjacent  channel  was  not 
guaranteed  to  CJreat  Britain,  how  could  access  bo  obtained  to  those  pos- 
sessions north  of  49*^  l 

7.  AVhen  the  Treaty  was  signed  in  June,  184(5,  and  previous  to  that 
(late,  which  channel  was  known  and  used  by  vessels  amongst  the  islands 
tunning  the  archipelagos  between  Vancouver's  Island  and  the  continent, 
to  set  access  to  our  dominions  north  of  49^  ? 

8.  Forward  proofs  and  aflidavits,  legally  attested  by  ca])tains  of  ves- 
sels, and  others,  who  made  use  of  the  channel  then  known,  and  their 
reasons  for  making  use  of  it. 

0.  Previous  to  the  signing  of  the  Treaty  in  1840,  and  also  at  that  time, 
liow  many  channels  were  known  to  be  navigable  amongst  the  islands 
t'orniing  the  archipelago  between  Vancouver's  Island  and  the  continent 
of  America  ? 

And  I,  Henry  Slye  Mason,  above  named,  solemnly  declare,  that  I  make 
the  above  statements,  conscientiously  believing  the  same  to  be  true  ; 
and  by  virtue  of  the  provisions  of  an  act  made  and  ])assed  in  the  Gth 
year  of  the  reign  of  Ilis  Majesty  King  William  IV,  intituled  "An  act 
to  repeal  an  act  of  the  present  session  of  Parliament,  intituled 
|1SJ      an  act  lor  the  more  effectual  abolition  of  oaths  and  *aflirmations 


1    <*       1 


,'a 


100 


NOKTHVVEST    WATER    BOUNDARY    ARIUTRATION. 


taken  and  niado.  in  various  departments  of  the  state, -and  to  substitute 
declarations  in  lieu  thereof,  and  for  the  more  entire  suppression  of  vol- 
untary  ai'.d  extra-judicial  oaths  and  atlldavits,  and  to  make  other  pro. 
visions  for  the  abolition  of  unnecessarv  oaths." 

IIENKY  S.  MASON. 

J)eclarcd  at  Victoria,  in  the  I'rovince  of  British  Columbia,  Dominion 
of  Canada,  this  liOth  day  of  !Se[)tember,  1871. 
Jiefore  me : 

M.  W.  TYUWHITT  DKAKIC, 

Notary  PubWc. 


To  all  to  whom  these  presents  shall  come:  I,  Montague  William  Tvr 
whitt  Drake,  of  the  city  of  Victoria,  Province  of  British  Columbia, 
Dominion  of  Canada,  notary  public,  dulj'  admitted  and  i)racticing  in 
pursuance  of  an  act  of  Parliament  made  and  passed  in  the  sixth  yearot 
the  reigfn  of  His  Majesty  King  William  IV,  intituled  "An  act  to  repeal 
an  act  for  the  more  effectual  abolition  of  oaths  and  aflirmations  taken 
and  made  iu  various  departments  of  the  state,  and  to  substitute  decla- 
rations in  lieu  thereof,  and  for  the  more  entire  suppression  of  voluntary 
and  extra-judicial  oaths  and  atfidavits,  and  to  make  other  provisions  for 
the  abolition  of  unnecessary  oaths,"  do  hereby  certify  that,  on  the  day 
of  the  date  hereof,  personally  came  and  appeared  before  me  Williaui 
Henry  McNeill,  named  and  described  in  the  declaration  bereunto  an 
nexed,  being  a  person  well  known  and  worthy  of  good  credit,  and,  by 
solemn  declaration  which  the  said  William  Henry  McNeill  then  mado 
before  me,  did  solemnly  and  sincerely  declare  to  be  true  the  several 
matters  and  things  mentioned  and  contained  in  the  said  annexed  decla 
ration. 

In  faith  and  testimony  whereof  I  have  set  my  hand  and  sejil  of  otlicc. 
and  have  caused  the  said  declaration  to  be  hereunto  annexed. 

Dated  in  Victoria  the  29th  day  of  September,  A.  D.  1871. 

M.  W.  TYKVVHITT  DEAKE, 

Notary  Vublk, 

I  hereby  certify  that  Montague  William  Tyrwhitt  Drake,  whose  sij; 
nature  is  hereunto  attached,  is  a  notary  public,  duly  admitted  and  prac 
ticing  iu  the  city  of  Victoria,  Province  of  British  Columbia,  Dominion  j 
of  Canada. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  otlicial  seal 
this  4th  day  of  (October,  A.  1).  1871. 

CHARLES  GOOD, 

Colonial     'cretary. 

This  is  the  paper  writing  marked  A,  shown  to  Henry  Slye  Mason,  at  I 
the  time  of  making  his  declaration,  and  therein  referred  to  on  the  -t'tlil 
day  of  September,  1871. 
Before  me : 

M.  W.  TYRWHITT  DRAKE, 

Notary  Fv.hUv. 

A. 

I,  William  Henry  McNeill,  of  Gonzala  Bay,  Vancouver  Island,  in  tlu 
I'rovince  of  British  Columbia,  Dominion  of  Canada,  now  a  settler,  *li1 
solemnly  and  sincerely  declare  as  follows : 


CASE    OF    GREAT   BRITAIN APPENDIX. 


101 


1  ollieial  soul 


I  aril  sixty-oight  years  of  i\ge,  ami  at  twenty  years  of  age  1  became  a 
master  mariner. 

1  have  been  on  the  Northwest  racifi(!  coast  since  lS'o2,  and  Jiave  beer, 
oniployed  as  a  master  mariner  during  the  greater  part  of  that  time  till 
18(i.'J  on  the  said  coast. 

From  lSo2  till  1837  I  was  employed  by  the  Iliidson's  Bay  Company, 
in  the  command  of  the  ship  Llama,  wjiich  during  that  i)eriod  plitd 
between  Columbia  lliver  and  Fort  Simpson,  British  Columbia,  r>l°  north 
latitude. 

On  two  occasions  during  that  pcr'od,  in  going  through  the  Straits  of 
Fuca  to  Fraser  Jliver,  and  returning  from  Fraser  to  Columbia  Itiver,  I 
passed  through  l{osario  Straits.  My  reason  for  not  passing  through 
Haro  Straits  was  that  there  was  then  no  known  or  surveyed  channel 
through  Ilaro  Straits;  on  the  other  occasions  I  went  to  the  westward  of 
Vancouver  Island.  During  the  whole  of  this  period  I  never  heard  of  a 
vessel  passing  through  llaro  Straits,  ana  llosiuio  Straits  was  the  only 
cbannel  known  and  surveyed,  and  I  was  in  constant  communication 
(luring  such  ])eriod  with  sea  faring  men  who  traversed  the  waters  be- 
tween Vancouver  Island  and  the  main-land.  In  1837,  and  from  thence 
till  1843, 1  commanded  the  steamer  Beaver,  belonging  to  the  Uudson's 
Bay  Company,  and  she  was  employed  during  that  time  in  trading 
l)Otwecn  Fort  Simpson  aforesaid,  Fraser  Kiver,  and  Nisqually-Puget 
Sound.  During  all  that  time,  between  1837  and  1843,  I  never  heard  of 
a  vessel  going  through  llaro  Straits,  and  I  was  during  that  period,  from 
1837  till  1843,  in  constant  communication  with  ship-masters  trading  on 
the  said  waters. 

In  1843  1  went  to  England,  .and  continued  absent  from  this  Northwest 
Paciflc  coast  for  twelve  months,  and  returning  in  1844, 1  was  still  in  the 
Hudson's  Bay  Company's  service  at  Stekin,  Fort  liupert,  and  Fort  Simp- 
son on  the  said  Northwest  Tacific  coast,  and  from  thence  till  184G  I 
never  heard  of  any  vessel  going  through  llaro  Straits,  with  the  excep- 
tion of  the  steamer  Beaver,  in  1840.  Till  then  she  always  went  throug'.i 
liosaiio  Straits  on  her  usual  voyages  in  the  Hudson's  Bay  Company's 
enii)]oy,  the  only  then  known  channel. 

JJuring  all  this  time  till  1840,  I  never  heard  of  llaro  Straits  being 
used  by  vessels,  and  I  was  in  constant  communication  with  ship-mas- 
ters trading  in  the  waters  between  Vancouver  Island  and  the 
[49J     *nuiin-land,  and  the  Northwest  Pacilic  coast.     And  since  1840 
liosario  Straits  has  still  been  the  most  usual  channel  for  sailing- 
vessels. 

In  navigating  these  waters  between  Vancouver  Island  and  the  main- 
land, I  always  used  Vancouver's  charts,  and  heard  of  no  others  till  the 
cliart  made  in  i)ursuanee  of  the  survey  of  Captain  Bichards  and  his 
otlieers,  with  the  excei)tion  of  the  old  Spanish  chart,  which  was  of  little 
value. 

The  lirst  chart  which  I  knew  of  as  laying  down  a  survey  of  ITaro 
Straits,  was  Cai>tain  Biehards'  chart. 

I  further  say  that  Vancouver  Island  was  generally  supposed  to  be 
luiited  with  what  is  now  named  Galiano  Island  on  Biehards'  chart  till 
after  Captain  Biehards'  survey. 

In  Bosario  Straits  the  currents  and  tides  are  comparatively  regular, 
but  in  llaro  Straits,  and  round   the  islands  adjacent  to  Vancouver 
I  Island,  and  in  the  waters  about  Vancouver  Island  itself,  the  tides  and 
j  currents  are  always  very  irregular. 

deferring  to  the  questions  submitted  to  me  relative  to  the  boundary 


,•■■ 


102 


NORTHWEST    WATER    BOUNDARY    ARBITRATION. 


line  referred  to  in  the  treaty  of  Oregon,  in  answer  to  the  lirst  question 
1  dechire,  as  aforesaid : 

1.  That  about  1845  and  1(840  tlie  Hudson's  Bay  Conii)any  had  a  sot 
tlementat  Langley,  on  the  FraserKiver,  and  the  said  settlement  existed 
since  1827  or  1828,  to  the  best  of  my  knowledge  and  belief. 

2.  In  answer  to  the  second  question,  I  ileclare,  as  aforesaid,  that  trad 
ing-vessels  or  other  craft  communicated  with  the  settlement  of  Langley 
from  foreign  parts,  and  from  the  settlements  on  the  Columbia  Eiver  or 
its  neighborhood,  by  the  Straits  of  Kosario  and  the  Gulf  of  Georgia. 

',i.  In  answer  to  the  third  question,  I  declare,  as  aforesaid,  that,  to  tlic 
best  of  my  knowledge,  information,  or  belief,  Langley,  on  the  Fraser 
Kiver,  was  settled  about  the  year  1827  or  1828. 

4.  In  answer  to  the  fourth  question,  I  declare,  as  aforesaid,  that,  about 
the  time  of  the  negotiation  of  the  Treaty  of  June,  1840,  the  common 
opinion  as  to  the  object  of  Great  Britain  insisting  on  the  forty-nintli 
parallel  being  deflected  in  a  southerly  direction,  and  through  the  Straits 
of  Fuca  to  the  racitic,  instead  of  cutting  through  Vancouver  Island. 
was  that  it  was  to  secure  access  to  her  possessions  to  the  northward  ol 
the  forty-ninth  parallel  through  the  Straits  of  Fuca. 

5.  lu  answer  to  the  fifth  question,  I  declare,  as  aforesaid,  that  Great 
Britain  then  held  British  Columbia,  up  to  the  parallel  of  nortli  latitude 
54P  40'  and  Vancouver  Island. 

0.  In  answer  to  the  sixth  question,  I  declare,  as  aforesaid,  that,  if  tlic 
free  navigation  of  the  straits  and  adjacent  channel  was  not  guarantoi'd 
to  Great  Britain,  access  could  only  be  secured  and  obtained  to  those 
possessions  by  ships  going  to  the  westward  of  Vancouver  Island.  And 
as  regards  those  i)ossessions  on  the  coast  of  British  Columbia  between 
the  fifty-first  and  forty-ninth  parallel,  access  would  have  to  be  sought 
through  a  strait  which  is  intricate  and  diflicnlt  of  navigation,  by  reason 
of  the  strength  of  the  tides,  and  almost  impracticable  for  sailing- ves 
sels. 

7  and  8.  In  answer  to  the  seventh  and  eighth  questions,  I  declare,  as 
aforesaid,  that,  when  the  treaty  was  signed  in  June,  1840,  and  previous 
to  that  date,  the  channel  which  was  known  and  used  by  vessels  amongst 
the  islands  forming  the  archipelago  between  Vancouver  Island  and  the 
continent  to  get  access  to  the  dominions  of  Great  Britain  north  of  the 
forty-ninth  parallel,  was  the  Strait  of  Kosario,  and  that  channel  only. 
as  it  was  then  the  only  surveyed  channel. 

9.  In  answer  to  the  ninth  question,  I  declare,  as  aforesaid,  that,  pre 
vious  to  the  signing  of  the  Treaty  in  A.  D.  1840,  and  also  at  that  time. 


the  oidy  channel  known  to  be  navicable 


amongst 


the  islands  forming 
the 


the  archipelago  between  Vancouver  Island  and  the  continent,  Avas 
Strait  of  Kosario. 

And  I  «leclare,  as  aforesaid,  that,  even  since  Ilaro  Straits  has  been 
fully  surveyed,  I  consider  Kosario  Strait  as  a  much  safer  channel  for  ;i 
saliing-ship,  in  passing  either  from  the  Straits  of  Fuca  to  the  Gulf  of 
Georgia,  or  for  a  sailing-ship  passing  from  the  Gulf  of  Georgia  to  the 
Straits  of  Fuca,  inasmuch  as  the  Kosario  Strait  has  good  anchorage 
throughout  its  entire  length,  aud  has  more  regular  tides  than  Haro 
Straits.  The  anchorage  in  Haro  Strait  is  bad,  on  account  of  the  great 
depth  of  its  waters,  and  the  irregularity  and  strength  of  its  tides.  The 
navigation  of  Haro  Strait,  moreover,  is  much  impeded  by  numerous 
small  islands  and  rocks. 

During  all  the  time  between  A.  D.  1837  and  the  year  A.  D.  1843,1 
was  in  conjinand,  as  aforesaid,  of  the  Hudson's  Bay  Company's  steainei 
Beaver,  aud  I  was  iu  the  habit  of  taking  the  said  steamer  once  or  twiw 


CASE    OF    GREAT    BRITAIN— APPENDIX. 


lo:^ 


ai'th  1  at  i  tilde 


vvory  yoiu'  (luriiift'  that  i)oriod  from  Foit  Simpson  to  Laiif^loy  on  the 
Frastn-  Kiver,  ami  from  thence  to  Nisqiuilly-Pnget  Hound ;  and  from 
Msqually  back  ajjaiu  to  Lanfjley  and  Fort  Simpson,  and  on  those  oc 
<!asions  1  always  passed  througli  Kosario  Straits,  as  it  was  then  the  oidy 
.surveyed  channel  between  Fiica  Strait  and  the  Gulf  of  Georgia. 

Ami  r,  William  Henry  McNeill,  above  named,  solemnly  dec^lare  that 
the  (luestions  hereinbefore  referred  to,  are  contained  in  the  paper 
writing  marked  Z,  produced  and  shown  to  me  at  the  time  of  makin<j  this 
declaration,  and  that  I  make  the  above  statements  conscientiously,  be- 
lieving the  same  to  be  true  ;  and  by  virtue  of  the  provisions  of  an  act 
made  and  passed  in  the  sixth  year  of  the  reign  of  Ili.s  Majesty  King; 
William  IV,  intituled  "Au  act  to  repeal  an  act  of  the  i)re.sent  session  of 
Parliament,  intituled  an  act  for  the  more  eft'ectual  abolition  of  oaths 
iind  attirnmtions  taken  and  made  in  various  departments  of  the  state, 
and  to  substitute  declarations  in  lieu  thereof  and  for  the  more  entire 
.suppression  of  voluntary  and  extra-judicial  oaths  and  allidavits,  and  to 
make  other  provisions  for  the  abolition  of  unnecessarv  oaths/' 

AVlLLIAM"^n.  MCNEILL. 

Dot'lared  at  Victoria,  in  the  I'rovince  of  ]>ritish  ("olumbia,  Domir.ion 
of  Canada,  this  27tli  day  of  September,  ISTl. 
Df'fore  me : 

M.  W.  TVRWHITT  DKAKF, 

Xotary  Fublic. 


my's  steainei 
mce  or  twice 


j.lO]  *To  all  to  whom  the.se  presents  shall  come :  I,  Montague  Wil- 
liam Tyrwhitt  Drake,  of  the  city  of  Victoria,  Province  of  British 
Columbia,  Dominion  of  Canada,  notary  public,  duly  admitted  ami  prac- 
ticing in  pursuance  of  an  act  of  rarliament  made  and  passed  in  the  sixth 
year  ofthe  reign  of  Ilis  IMajesty  King  William  the  Fourth,  intituled  "An 
act  to  repeal  an  act  of  the  present  session  of  Parliament,  intituled  'An 
act  for  the  more  effectual  abolition  of  oaths  and  aflirmations  taken  and 
made  in  various  departments  ofthe  state,  and  to  substitute  declarations 
ill  lieu  thereof,  and  for  the  more  entire  suppression  of  voluntary  and 
extra-judicial  oaths  and  aflidavits,  and  to  make  other  provisions  for  the 
abolition  of  unnecessary  oaths,' "  do  hereby  certify  that,  on  the  day  of 
the  date  hereof,  personally  came  and  appeared  before  me  William  Mitch- 
ell, named  and  described  in  the  declaration  hereunto  annexed,  being  a 
person  well  known  and  worthy  of  good  credit,  and,  by  solemn  declara- 
tion which  the  said  William  Mitchell  then  made  before  me,  did  solemnly 
and  sincerely  declare  to  be  true  the  .several  matters  and  things  men- 
tioned and  contained  in  the  said  annexed  declaration. 

In  faith  and  testimony  "whereof  I  have  .set  my  hand  and  .seal  ol"  oHicc, 
and  have  caused  the  said  declaration  to  be  hereunto  annexed. 

Dated  in  Mctoria,  the  L'Tth  day  of  September,  A.  D.  1871. 

M.  W.  TVKWIIITT  DllAKK, 

Xotary  riihlic. 

I  hereby  certify  that  Montague  AVilliam  Tyrwhitt  Drake,  whose  sig- 
nature is  hereunto  attached,  is  a  notary  public,  duly  admitted  and  prac- 
ticing in  the  city  of  Victoria,  Province  of  British  Columbia,  Dominion 
of  Canada. 

In  testimonv  whereof  I  have  hereunto  .set  mv  hand  and  official  seal, 
this  4th  dav  of  October,  A.  D.  1871. 

CHARLES  GOOD, 

Colonial  Secretary. 


-  ♦■( 


"^Vi 


104 


NOKTIIWEST    WATEK    HOUNDARY    ARUITRATION. 


Tliis  in  the  paper  wiitinj?  marked  B,  shown  to  TTenry  Slye  Mumcmi.  iit 
the  time  of  makinjj  lii.s  dechiration,  and  therein  referred  to  on  the  liKtli 
day  of  Septeinher,  1S71. 
iiefore  nie : 

iM.  \V,  TYIIWJIITT  DUAKi:, 

Notary  riihlic. 

11. 


J,  William  Mitchell,  of  Victoria,  Yancoiiver  Island,  in  theProvineooi 
Hritifeh  (Johunbia,  Dominion  of  Canada,  master  mariner,  do  sol?n»iily 
and  sincerely  declare  and  state  as  follows : 

I  am  sixty-eight  years  of  age.  I  became  a  master  mariner  in  is.j], 
and  have  been  on  the  Northwest  Pacific  coast  since  1837,  and  have 
been  employed  all  the  time  in  the  Hudson's  Bay  Company's  ships.  From 
1837  to  1810  I  was  constantly  employed  in  passages  from  Victoria  to 
Eraser  Iviver,  and  back  again  ;  from  Columbia  Kiver  to  Eraser  Kivci, 
and  back  again  ;  and  from  Nisqnally-I'nget  Sound  to  Eraser  lliver,  ami 
back  again  ;  and  trading  generally  between  those  ports  as  well  as  soino- 
times  to  Honolulu  and  Sitka,  and  other  between  ports  on  the  North- 
west Pacilic  coast.  And  whenever  the  vessel  1  was  in  had  occasion  to 
go  from  the  Straits  of  Euca  to  the  CJnlf  of  Georgia,  or  back  from  tlic 
Irulf  of  Georgia  to  the  Straits  of  Euca,  she  always  passed  through  Kosa 
rio  Straits  as  the  only  then  known  navigable  channel. 

As  late  as  the  year  18.15 1  had  occasion  to  pilot  a  vessel  from  Victoria 
to  Nisqually,  and  from  Nisqually  to  Nanaimo,  and  from  Nanaimo  to  A'ic- 
toria,  and  both  in  going  to  Nanaimo  and  returning  therefrom  made  use 
of  liosario  Strait  as  the  best  known  channel. 

Previous  to  18-10  there  was  only  one  channel  known  to  be  navigablo, 
and  that  was  the  Bosario  Straits. 

In  the  year  1840,  to  the  best  of  my  knowledge,  information,  and  belief, 
no  chart  of  Ilaro  Strait  soundings  existed. 

The  chart  in  use  was  that  of  Bosario  Strait  only,  and  from  soundings 
made  by  Vancouver. 

Beferring  to  the  questions  subujitted  to  me  relative  to  the  boundiiiy 
line  referred  to  in  the  Treaty  of  Oregon,  in  answer  to  the  first  question  I 
declare,  as  aforesaid : 

1.  That  about  1845  and  1840  the  Hudson's  Bay  Company  had  a  settle- 
ment at  Langlev,  on  the  Eraser  I'iver,  and  the  said  settlement  existed 
since  1827  or  1S28. 

2.  In  answer  to  the  second  question,  I  declare,  as  aforesaid,  that 
trading- vessels  or  other  craft  communicated  with  the  settlement  of  Lang- 
ley  from  foreign  parts,  and  from  the  settlements  on  the  Columbia  Biver, 
or  its  neighborhood,  by  the  Straits  of  Bosario  and  the  Gulf  of  Georgia, 

3.  In  answer  to  the  third  question,  I  declare,  as  aforesaid,  that,  to  the 
best  of  my  knowledge,  information,  and  belief,  Langley,  on  the  Eraser 
Biver,  was  settled  about  the  year  1827  or  1828. 

4.  In  answer  to  thefourtli  question,  I  declare,  as  aforesaid,  that  about 
the  time  of  the  negotiation  of  the  Treaty  of  June,  1840,  the  common 
opinion  as  lo  the  object  of  Great  Britain  insisting  on  the  forty-ninth  paral- 
lel being  deflected  in  a  southerly  direction,  and  through  the  Straits  of 
Euca  to  the  Pacific,  instead  of  cutting  through  Vancouver  Island,  was, 
that  it  was  to  secure  access  to  her  possessions  to  the  northward  of  the 
forty-ninth  parallel  through  the  Straits  of  Euca. 

5.  In  auswci-  to  the  fifth  question,  I  declare,  as  aforesaid,  that  Great 


CASK    OF    (ih'KAT    MIJITAIX— Al'I'KMtlX, 


lOfx 


Britain  tlioii  held  British  (Johiiubia  up  to  parallel  of  north  latitude 
jjo  W  aiul  Vancouver  Island. 

(i.  In. answer  to  tiie  sixth  <iuestion,  I  declare,  as  aforesaid,  that  if  the 
free  navi^^'ition  of  the  straits  and  adjacent  cluinnel  was  not  {luaranteed 
to  Great  IJritain,  access  could  only  be  secured  and  obtained  to  those 
possessions  by  ships  goinj;  to  the  westward  of  Vancouver  Island;  and 
as  rcfiiirds  those  possessions  on  the  coast  of  British  Columbia,  between 
the  liftyiirst  and  forty-ninth  parallel,  access  would  have  to  be 
[,'(1]  *soii{;ht  through  a  strait  which  is  intricate  and  ditlicnlt  of  naviija- 
tion  by  reason  of  the  strength  of  the  tides. 

7  and  8.  In  answer  to  the  seventh  and  eighth  questions,  I  declare,  as 
aforesaid,  that  when  the  treaty  was  signed  in  June,  1S4(»,  and  previous 
to  tiiat  date,  the  channel  which  was  known  and  used  by  vessels  among 
tlu!  islands  forming  the  Archipelago,  between  Vancouver's  Island  and 
the  continent,  to  get  access  to  the  dominions  of  (Ireat  Britain  north  of 
the  forty-ninth  parallel,  was  the  Strait  of  Kosario  and  that  channel  only, 
as  it  was  then  the  only  surveyed  channel. 

!),  In  answer  to  the  ninth  question,  I  declare,  as  aforesaid,  that  pre- 
vious to  the  signing  of  the  Treaty  in  1840,  and  also  at  that  time,  the  only 
cbaiiiiel  known  to  be  navigable  among  the  islands  forming  the  Archi- 
IK'lago  between  Vancouver  Island  an<l  the  continent  was  the  Kosario 
Strait. 

And  I  further  say  that,  even  since  Ilaro  Strait  has  been  fully  surveyed, 
I  consider  liosario  Strait  a  nuich  safer  channel  for  a  sailing-ship  in  pass- 
ing either  from  the  Straits  of  Fuca  to  the  Gulf  of  (Jeorgia,  or  for  a 
saiiingshii*  passing  from  the  Gulf  of  Georgia  to  the  Straits  of  Fuca, 
iuasinuch  as  Kosario  Strait  has  good  anchorage  throughout  its  entire 
length,  and  has  more  regular  tides  than  Ilaro  Straits.  The  anchorage 
ill  JIaro  Strait  is  bad  on  account  of  the  great  depth  of  its  waters  and 
the  irregularity  and  strength  of  its  tides.  The  navigation  of  Ilaro  Strait, 
moreover,  is  much  impeded  by  numerous  small  islands  and  rocks. 

In  the  beginning  of  the  year  A.  1).  IS.'Jl*,  I  recollect  making  a  voyage,, 
as  tlrst  mate,  from  Columbia  River  to  Eraser  Kiver,  and  thence  back  to 
the  C()lund>ia  lliver  in  the  bark  Vancouver,  and  on  these  occasions  she 
passed  and  re])assed  through  Kosario  Straits. 

In  A.  D,  1840,  I  nmde  two  voyages  in  the  S(!hooner  Cadboro,  from 
(Jolinnbia  Kiver  to  Fraser  Kiver,  and  returned  to  the  Coliunbia  Kiver  in 
the  Cadboro,  and  passed  and  repassed  through  Kosario  Straits  on  these 
voyages. 

in  A.  I),  1842,  I  made  a  voyage  from  Columbia  Kiver  to  Fraser  Kiver 
in  the  Cadboro,  as  first  mate,  and  returned  from  Fraser  Kiver  to  the 
C(>lunibia  Kiver,  and  on  these  occasions  I  passed  and  repassed  through 
liosario  Strait.  And  between  A.  I\  ISlL'and  184(j,  I  made  several  voy 
ages  in  the  schooner  Cadboro,  as  lirst  mate,  from  Columbia  Kiver  and 
Victoria  to  Nisqually  and  Langley  on  the  Fraser  T.;*  ir,  and  thence  re- 
turned to  Victoria  and  Columbia  Kiver,  and  on  su  ■);  <  ecasions  I  always 
passed  and  repassed  through  Kosario  Strait,  as  it  was  the  only  then 
known  channel. 

And  I,  William  Mitchell,  above  named,  solemnly  declare  that  the 
questions  hereinbefore  referred  to  are  contained  in  the  i)aper  writing 
marked  Z,  produced  and  shown  to  me  at  the  time  of  umking  this  decla- 
ration ;  and  that  I  make  the  above  statements  conscientiously,  believ- 
iug  the  same  to  be  true  ;  and  by  virtue  of  the  provisions  of  an  act  made 
and  passed  in  the  sixth  year  of  the  reign  of  Ilis  Majesty  King  William 
the  Fourth,  intituled  "An  act  to  repeal  an  act  of  the  present  session  of 
rarliament,  intituled  *An  act  for  the  more  ett'ectual  abolition  of  oaths 


,  "Hi 


■1  ;'. 
,♦ 


m''^ 


'  t 


106 


NORTHWEST    WATER    UOINDARV    AUMITRATION. 


11 


and  alliriimtions  taken  and  made  in  variousdcpartnuMits  of  tlu'  state, i 

to  Hubatitnto  declarations  in  lien  thereof,  and  lor  the  more  entire  Miip 
prcsslon  of  volnntary  and  extrajndicial  oaths  and  allidavits,  and  to 
make  other  provisions  for  the  abolition  of  nnin^ressarv  oaths.'" 

WILLIAM  MITCIIKLL. 
Declared  at  Victoria,  in  the  I'rovince  of  Uritish  Colnmbia,  Doiniiiion 
of  Canada,  this  27th  day  of  September,  1871. 
Before  me : 

M.  W.  TVUWIIITT  DKAKK, 

Xoturji  I'uhllv. 


To  all  to  whoii'  tV.cse  presents  shall  come  :  I,  Montague  William  Tvr- 
whitt  Drake,  of  the  city  of  Victoria,  Trovince  of  Uritish  Colnmbia, 
Dominion  of  Canada,  notary  pnblie,  dnly  admitted  ami  practicing  in 
jnirsnance  of  an  act  of  Parliament  made  and  passed  in  the  sixth  year 
of  the  reign  of  His  M.tjcsty  King  William  the  Fonrth,  intitnled  "An  act 
to  repeal  an  act  of  the  present  session  of  rarliament,  intitnled  'An  act 
for  the  more  clicctnal  abolition  of  oaths  and  atlirmations  taken  and  mado 
in  various  departments  of  the  state,  and  to  substitute  declarations  in 
lieu  thereof,  and  for  the  more  entire  suppression  of  voluntary  and  extra- 
judicial oaths  and  allidavits,  and  to  make  other  i)rovisions  for  the 
abolition  of  unnecessary  oaths,'"  do  hereby  certify  that,  on  the  day  ol 
the  date  hereof,  personally  came  and  appeared  before  me  John  Swan- 
son,  named  and  described  in  the  declaration  hereunto  annexed,  being 
a  person  well  known  and  worthy  of  good  credit,  and,  by  solemn  declara- 
tion which  the  said  John  Swanson  then  made  before  n»o,  did  solemnly 
and  sincerely  declare  to  be  trne  the  several  matters  \  things  men 
tioned  and  contained  in  the  said  annexed  declaration 

In  faith  and  testimony  whereof  I  have  set  my  hand  .i..vi  seal  of  ollicc. 
and  have  caused  the  said  declaration  to  be  hereunto  annexed. 

])ated  in  Victoria  the  27th  day  of  September,  A.  D.  1871. 

M.  AV.  TYHWIIITT  DRAKE, 

Notary  PuhUv. 

1  hereby  certify  that  Montague  William  Tyrwhitt  Drake,  whose  sig 
nature  is  hereunto  attached,  is  a  notary  i)ul>lic,  duly  admitted  and  prac 
ticing  in  the  city  of  Victoria,  Province  of  Uritish  Columbia,  Dominion 
of  Canada. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal  of  oflice 
this  4:th  day  of  October,  A.  I).  1871. 

CnAHLES  GOOD, 

Colonial  Secretary. 

[o2J       *This  is  the  paper  writing  marked  C,  shown  to  Henry  Slye  31a- 
son  at  the  time  of  his  making  his  declaration,  and  therein  referml 
to,  on  the  2i)th  day  of  September,  1871. 
l>efore  me : 

M.  W.  TYKWIIITT  DllAKE, 

Notary  FuhUc. 

C. 

I,  John  Swanson,  of  Victoria,  Vancouver  Island,  in  the  Province  of 
British  Columbia,  Dominion  of  Canada,  master  mariner,  do  solemnly 
and  sincerely  declare  as  follows  : 


CASE    OF    GREAT    BRITAIN — APPKXniX. 


107 


?al  of  oJlice 


I  have  boon  a  mastor  mariiior  since  the  year  18;"».'>,  and  have  boon  in 
tiio  om|»h)yniont  of  the  Hudson's  IJay  (Company  on  tiioir  ships  tiadinf^ 
on  tiio  Northwest  I'aoillc  coast,  since  the  year  184- to  th(^  jnosent  time, 
as  a  nautical  man  and  mariner. 

Jleterring  to  the  (luestions  submitted  to  me  rehitive  to  the  b()nn(hiry 
line  n't'orred  to  in  tlie  Treaty  of  Orofjon,  in  answer  to  the  lirst  <pu'stion 
1  (lechiro,  as  aforesaid  : 

1.  Tiiat,  about  181.">  niid  ISKJ,  tlio  Hudson's  Hay  ('omj)any  liad  a  sot- 
tloinont  at  Lanjjloy,  on  tiie  ]"'raser  Itivor,  and  the  said  setth'iniMit  existed 
since  18'J7  or  18L's', 

L'.  In  answer  to  the  second  (piestion,  I  declare,  as  aforesaid,  that  ui> 
to  ]SI.'>  and  1810,  Hudson's  Uay^'o'ni^any's  ships,  bound  from  Honolulu, 
ill  the  Sandwich  Islands ;  Irom  Fort  \^ancouvor,  on  the  Columbia  Uiver; 
and  San  Francisco  and  Sitka,  to  Lans'ley,  i)assed  throujyh  Fuca  Straita 
and  Kosario  Strait.  Also  vessels  tradinj^  between  I'ort  Nisqually  and 
Lanpfloy  used  to  pass  throujifh  Kosario  Strait.  Also  vessels  trading  be- 
tween Victoria  and  Iian<fley  used  to  pass  through  Kosario  Strait. 

.').  In  answer  to  the  thinl  tpu'stion,  I  dec  lare,  as  aforesaid,  that  to  the 
lipstof  my  knowledge,  information,  and  belief,  Langley,  on  the  Fraser 
I'iver,  was  settled  about  the  year  181*7  or  1828. 

1.  In  answer  to  the  fourth  question,  I  declare,  as  aforesaid,  that  about 
the  time  of  the  negotiation  ot  the  Treaty  of  June,  1810,  the  common 
opinion  as  to  the  object  of  (Sreat  IJritain  insisting onthe  forty-ninth  par- 
allel being  deflected  in  a  southerly  direction,  ami  through  the  Straits  of 
Fiica  to  the  Facific,  instead  of  cutting  through  Vancouver  Island,  was, 
that  it  was  to  secure  access  to  her  possessions  to  the  northward  of  the 
t'orty-ninth  parallel,  through  the  Strn  Is  of  Fuca. 

."».  In  answer  to  tlie  filth  question,  1  declare,  as  aforesaid,  that  Grcivt 
Britain  then  held  Kritish  Columbia  up  to  parallel  of  north  latitude 
')i^  10',  and  \'ancouver  Island. 

0.  In  answer  to  the  sixth  question,  I  declare,  as  aforesaid,  that  if  the 
Ireo  navigation  of  the  straits  and  adjacent  channel  was  not  guaranteed 
to  (heat  IJritain,  access  could  only  be  secui'td  ami  obtained  to  those 
l)ossessions  l)y  ships  going  to  the  westward  of  Vancouver  Island  ;  and, 
as  regards  those  possessions  on  the  coast  of  Uritish  Columbia  between 
the  fifty-first  and  forty-ninth  parallel,  access  would  have  to  be  sought 
tiu'ough  a  strait  which  is  intricate  and  ditticult  of  navigation  by  reason 
of  the  strength  of  the  tides. 

7  and  8.  In  answer  to  the  seventh  and  eighth  (piestions,  I  declare,  as 
aforesaid,  that  when  the  treaty  was  signed  in  Juno,  1810,  and  previous 
to  that  date,  the  channel  which  was  known  and  used  by  vessels  amongst 
the  islands  forming  the  Archipelago  between  Vancouver  Island  and  the 
continent,  to  get  access  to  the  dominions  of  Croat  Kritain,  north  of  the 
I'orty-ninth  parallel,  was  the  Strait  of  Kosario,  and  that  channel  only  ; 
and  it  was  then  the  only  surveyed  channel. 

!>.  In  answer  to  the  ninth  question,  I  declare,  as  aforesaid,  that  pre- 
vious to  the  signing  of  the  treaty  in  1840,  and  also  at  that  time,  the 
oidy  channel  known  to  be  navigable  amongst  the  islands  forming  the 
Archipelago  between  Vancouver's  Island  and  the  continent  was  the 
Strait  of  Kosario. 

And  I  further  declare,  as  aforesaid,  that  in  the  end  of  the  year  1842 
orbeginnhig  of  1843,  I  sailed  from  Vancouver,  on  the  Columbia  Kiver, 
to  Nisquall}',  on  Puget  Sound,  and  the  vessel  I  was  in  was  thence 
towed  through  Kosario  Straits  by  the  Hudson's  Lay  Company's  steamer 
Beaver,  and  thence  sailed  through  Gulf  of  Georgia  and  Johnston  Strait 


'!  ^ 


■4i 


:¥■ 


m 


!     .     '.  ' 


108 


NORTHWK.ST    WATER    BOUNDARY    ARBITRATION. 


to  Sitka,  .iiul  rctarnod  therefrom  through  Johnston  Strait  and  liosario 
Strait  to  Victoria. 

During  the  years  1813  and  IStt  I  made  several  trips  in  the  sehooiui 
Cadboro,  from  Victoria  to  Langh'y,  through  llosario  Strait,  and  back 
again  from  liangk'y  to  Victoria  through  Itosario  Strait.  I  was  occu- 
pied generally  in  making  such  voyages  during  those  two  years,  and  we 
ji.ways  passed  and  repassed  through  llosario  Straits. 

To  the  best  of  my  recollection,  in  184.")  1  made  a  voyage  in  the  bark 
Vancouver,  from  the  Columbia  lliver  to  Fort  Langley,  through  liosario 
Strait,  ami  back  again  to  Victoria. 

In  the  year  1840,  to  the  best  of  my  knowledge,  information,  and  be 
lief,  no  chart  of  llaro  Strait  soundings  existed.    The  chart  in  use   was 
that  of  itosario  Strait  only,  and  from  surveys  made  by  Vancouver. 

Previous  to  184(J,  to  the  best  of  my  knowledge,  information,  and  be 
lief,  no  sailing-vessel,  except  on  the  occasion  of  the  Cadboro,  went 
through  Ilaro  Strait  un«ler  sail.  If  other  sailing-vessels  had,  i)revioiis 
to  18K5,  passed  through  llaro  Strait,  I,  as  a  sea-faring  man  on  the  north- 
west I'acilic  coast,  should,  in  all  probability,  have  heard  of  it. 

The  one  occasion  on  which  the  Cadboro  passed  through  llaro  Strait 
was  in  1843,  and  she  then  was  carried  by  the  tide  in  a  calm,  on  her  pas- 
sage from  Langiey  to  Victoria,  into  llaro  Straits,  and  we  were  then 
obliged  to  avail  ourselves  oi  the  services  of  an  Indian  we  met  with  as  a 
pilot,  as  we  had  no  chart  by  which  to  navigate. 

And  1,  John  Swanson  above  named,  solemnly  declare  that  the  <pies- 
tions  hereinbefore  referred  to  are  contained  in  the  paper  writing  marked 
Z,  shown  to  me  at  the  time  of  making  this  declaration,  and  that  1  make 
the  above  statements  conscientiously,  believing  the  same  to  be  true: 
and  by  virtue  of  the  provisions  of  an  act  made  and  passed  in  the  sixth 
year  of  the  reign  of  His  ]Majesty  King  William  the  Fourth,  intituled 
"An  a<;t  to  repeal  an  act  of  the  present  session  of  Parliament,  intituled 
'  An'act  for  the  more  etiectual  abolition  of  oaths  andaliirmatious 
fr»3]  taken  and  made  in  various  departments  of  the  *state,  and  to  sub- 
stitute declarations  yi  lieu  thereof,  and  for  the  more  entire  siip 
pression  of  voluntary  and  extrajudicial  oaths  and  attidavits,  and  to  make 
other  provisions  for  the  abolition  of  unnecessary  oaths.'"' 

"  .JOHN  SWAXSOy. 

declared  at  Victoria,  in  the  Province  of  l»ritish  (Jolumbia,  Dominion 
of  Canada,  this  L'Tth  day  of  September,  1871. 
Iicfore  me : 

3r.  W.  TYIIWIHTT  DHAKi:. 

Xotart/  !'i(i>(i(: 


To  all  to  whom  these  ]»resent  shall  come  :  I,  Robert  Kdwin  .Jackson,  oi 
the  city  of  Victoria,  l*n)vinee  of  llritish  Columbia,  in  the  Dominion  <M 
Cana«la,  notary  i>ublic,  duly  admitte«land  practicing,  in  i)ursuance  of  ;\u 
actof  I'arliament  made  and  passed  in  the  sixth  year  of  the  reign  of  His 
Majesty  King  William  1 S',  intituled  "An  act  to  repeal  an  act  of  the 
present  session  of  Parliament,  intitided  an  act  for  the  more  elfectual 
abolition  of  oaths  and  allirnnUions  taken  and  made  in  various  depart 
ments  of  the  state,  and  to  substitute  declarations  in  lieu  thereof,  and 
for  the  moreentire  suppression  «)f  voluntary  and  extra-judicial  oaths  and 
atlidavits,  and  to  make  other  provisions  for  the  abolition  of  nnnccessai  v 
oaths,''  do  hereby  i^eitify  that,  <m  the  day  of  the  date  hereof,  personallv 
came  ami  appeared  before  me  Alexander  Caultield  Anderson,  named 


4: 


CASE    OF    GREAT    BRITAIN — APPENDIX. 


109 


II  the  l)aik 


iiiul  describiHl  in  the  doclaviitiou  hereunto  annexed,  beinn"  a  person  well 
known  and  worthy  of  j^ood  eredit,  and,  hy  solemn  declaration  which  the 
said  Alexander  CanlHeld  Anderson  then  made  before  me,  did  solemnly 
and  sincerelj'  declare  to  be  trne  the  jveral  matters  and  things  men- 
tioned and  contained  in  the  said  annexed  declaration. 

Ill  faith  and  testimony  whereof  1  have  hereunto  set  my  hand  and  seal 
of  ollice,  and  have  caused  the  declaration  to  be  heniunto  annexed. 
Dated  at  Victoria  aforesaid,  the  loth  <lay  of  September,  in  the  year  of 
onr  Lord  1871. 

KOBT.  E.  JACKSON, 

Notio'ii  I'nhlie. 

I  hereby  certify  that  Kobert  Jidwin  Jackson,  whose  sij»nature  is  here- 
inito  attached,  is  a  notary  |)ublic,  duly  admitted  and  practiciujjf  in  the 
city  of  Victoria,  Province  of  British  (Jolumbia,  Domii'ion  of  Canada. 

in  testimony  whereof  I  have  hereunto  set  my  hand  and  oilicial  seal 
this  4th  day  of  October,  A.  I).  1S71. 

CIIAKLES  GOOD, 

Colon ial  tSecri 1 1 rtj. 

This  is  tlie  paper  writing  marked  1),  shown  to  Henry  Slye  Mason  at 
tlie  time  of  his  making  his  declaration,  and  therein  referred  to  o:«  the 
'JDtli  day  of  September,  1871. 
lU'fore  me : 

M.  \V.  TVIIWIIITT  DRAKE, 

Notary  lubUc. 

D. 


f  "■- ;;  L 
t     'it 


1,  Alexander  Canllield  Anderson,  now  of  Saanich,  Vancouver  Island, 
ill  the  Province  of  British  Columbia,  Dominion  of  Canada,,  settler,  do 
soli  ninly  and  sincerely  declare  as  follows  : 

1  im  an  ex-chief  trader,  of  the  Hudson's  Bay  Company,  and  late  an 
ajjeiil  of  Llovil's  for  the  Columbia  River  and  the  adjacent  coasts,  and 
lioni  \S'3li  and  1851 1  was  under  the  several  appointments  held  by  me  as 
:iu  otlicer  of  the  Hudson's  Bay  Company,  connected  (with  the  exception 
ot  sliort  intervals)  directly  or  indirectly  w  ith  the  business  of  the  said 
coinpany  on  the  Northwest  J'acitic  coast,  which  business  then  recpiired 
their  vessels  frequently  to  navigate  the  waters  of  the  gidf,  and  the 
Archii)elago.  and  Straits  of  Fnca,  and  during  the  greater  portion  of  the 
said  i>criod,  resided  on,  or  was  in  constant  communication  with  the 
Noitiiwest  I'acidc  coast. 

1.  In  answer  to  the  lirst  (|iiestion,  1  d( dare,  as  aforesaid,  that  about 
ISJaand  iSt(»,  the  Hudson's  I'.ay  Company  iiad  a  settlemi'iit  at  Langley 
mi  the  Kiaser  River,  and  other  settlements  higher  up  the  river. 

-.  In  answer  to  the  second  question,  I  declne,  as  aforesaid,  that  trad- 
ing vessels  or  otlHM-  craft  communicated  wi';  the  settlement  of  Langlev 
tit'in  fnreign  paits,  and  from  the  settlemenis  of  the  Columbia  River  or 
;t,s  iieighliorhood,  by  the  Straits  of  Fuca,  tlu'  Straits  of  Rusario,  and  the 
(iiilf  oliJeorgia. 

■  i.  In  answer  to  the  third  question,  I  declare,  as  afon'said,  that,  to  the 
•>est  of  my  know  ledge,  information,  and  belief,  Ijangley,  on  the  Eraser 
•liver,  was  settled  about  the  year  1827  or  181*8. 

t.  In  answer  to  the  fourth  qiu'stion,  I  declare,  as  aforesaid,  Jiat  about 
tlie  time  of  the  negotiation  of  the  Treaty  of  .lune,  18PI,  the  comnu)n 
opinion  as  to  the  oi)iect  of  (Ireat  Britain  insisting  on  the  forty  ninth 
parallel  being  detN'cted  in  a  southerly  direction,  through  the  Straits  of 


T^!fWppP 


110 


NORTHWEST    WATER    BOUNDARY    ARBITRATION, 


Fiica  to  tlic  riicifie,  instead  of  cutting  through  Viincouver  Island,  was; 
to  secure  access  to  her  possessions  to  the  northwaril  of  the  forty-nintli 
parallel. 

5.  In  answer  to  the  fifth  question,  I  declaie,  as  aforesaid,  that  (Iroat 
Britain  then  held  British  Columbia  up  to  parallel  of  north  latitude  .Vi: 
40',  and  Vancouver  Island. 

0.  In  answer  to  the  sixth  question,  I  declare,  as  aforesaid,  that  if  the 
free  navigation  of  the  straits  and  adjacent  channel  was  not  guaranteed 
to  (Jreat  B "itain,  access  could  only  be  obtained  to  those  }K)ssessions  by 
ships  going  to  the  westward  of  Vancouver  Island ;  and  as  regards 
154]  those  possessions  on  *the  coast  of  British  Columbia,  between  tlif 
fifty-iirst  and  forty-ninth  parallel,  access  would  have  to  be  soujilu 
through  a  strait  which  is  intricate  and  ditticult  of  navigation  by  reason 
of  the  strength  of  the  tides. 

7  and  8.  In  answer  to  the  seventh  and  eighth  questions,  I  declare,  as 
aforesaid,  that  when  the  Treaty  was  signed  in  June,  184G,  and  previous 
to  that  date,  the  channel  which  v.as  known  and  used  by  vessels  amoufifst 
the  islands  forming  the  Archipelago  between  Vancouver  Island  and  the 
continent,  to  get  access  to  our  dominions  north  of  the  forty-ninth  jku- 
allel,  was  the  Straits  of  Kosario,  and  that  channel  only,  as  it  was  thou 
the  only  surveyed  channel. 

9.  In  answer  to  the  ninth  question,  I  declare,  as  aforesiiid,  that  pic 
vious  to  the  signing  of  the  Treaty  in  184(>,  and  also  at  t'lat  time,  the 
only  channel  known  to  bo  navigable  amongst  the  islaiuls  forming  the 
Archipelago  between  Vancouver  Island  and  the  continent  of  America 
was  the  Btraits  of  Kosario. 

I  further  declare,  as  aforesaid,  the  whole  tenor  of  my  experience  duriii'j 
my  said  residence  on  or  near  the  Northwest  Bacilic  coast,  was  to  the 
effect  that  the  only  recognized  channel  of  approach  to  Fraser  Kiver,  or 
to  the  northern  parts  by  the  inner  passage  through  theOulf  of  (Jeorgia. 
Avas  by  the  Straits  of  liosario. 

I  further  declare,  as  aforesaid,  that  in  the  winter  of  1834,  while  oji  iiiv 
way  from  Fort  Simpson  to  the  Columbia  Itiver,  on  board  the  Hudson's 
Bay  Comi)any's  brig  ]>!yad,  Captain  Kipling,  we  had  orders  to  toucli 
at  Fort  Langley  on  Fiaser  Biver.  The  track  indicated  to  me  upon 
Vaiu;ouver*s  chait  by  the  master,  and  which  we  purposed  to  follow,  was 
by  the  Bosario  Strait,  the  usual  and  only  knovvii  channel  at  that  time. 
Stress  of  weather  and  the  iaibire  of  provisions  compelled  us  to  bear  ni) 
for  the  Columbia,  after  eiuleavoring  to  enter  the  Straits  of  Fuea  witli 
out  having  fullilled  our  object  of  pnuieeding  t(>  Langley. 

In  1841,  while  I  was  in  eiiai'ge  of  the  Hudson's  I5ay  Company's  estab 
lisliment  at  Fort  Nis<pially,on  l'ng«'t  Sound,  tiie  I'nited  States  Fxploiiiij; 
Expedition, under  Commotlore  \Vilkes,arrived  there.  Commodore  Wilkes 
Avas  desirous  of  detaching  a  surveying- vessel  (the  I'orpoisc,  Commamler 
Binggohl)  towartls  FrascK  Kiver,  an»l  on  his  application  for  a  pilot,  oiif 
of  the  crew  of  the  Jliulson  Bay  Company's  steamer  Beaver  was  sent  oa 
board.  This  pilot  (whose  name  1  think  was  Wade)  was  acquainted  onlv 
Avith  the  Kosario  Channel. 

In  Juiu»,  or  early  in  July,  1818,  having  condiu'ted  for  the  first  tiiiK 
the  brigade  with  th«^  returns  from  the  interior  to  Fort  I^angley  on  Frasii 
Kiver,  1  traveled  by  can<»e  from  that  station  to  Victoria  on  Vancouver 
Ishuul.  Crossing  the  (Julf  of  (leorgia,  we  passed  through  what  lias 
since  been  known  as  Blumper,  or  Active  i'ass,  and  then  by  the  Strait 
of  llaro.  This  was  at  that  time  known  as  the  canoe-route,  as  distiii 
guished  from  the  established  ship- route  by  the  Kosario  Strait. 

In  July,  185(>,  the  schooner  Cadboro,  Captain  Searborougii,  arrived  at 


CASE    OF   GREAT    BRITAIN APPENiJiX. 


Ill 


f  on5eor;;iii. 


Laiigle.v  during  my  visit  there  from  the  interior,  bringing  supplies  for 
the  trade.  The  following  year  another  vessel  belonging  to  the  company 
(the  Jtccovery,  I  think)  came  to  the  mouth  of  Fraser  River  to  receive 
our  fur.s.  In  neither  case  did  I  hear  any  mention  of  the  llaro  Channel, 
(»r  that  any  deviation  from  the  old  established  track  had  occurred. 

That  as  late  as  18.11,  1  may  distinctly  state  my  conviction,  from  per- 
sonal knowledge  of  facts,  that  the  Itosario  Strait  was  the  only  author- 
ized channel  of  communication  followed  by  the  vessels  of  the  Hudson's 
r,ay  Company.  1  have  heard,  indeed,  that  an  experimental  trip  through 
the  llaro  Strait  had,  on  one  occasion,  been  made  with  the  steamer 
IJiaver,  under  Captain  IJrotchie,  at  that  time  master,  but  I  understood 
likewise  that  the  master  was  reprimanded  on  this  occasion  for  his 
temerity.  Whatever  the  partial  exploraticiis  that  had  been  made  at  an 
earlier  period  by  the  Spaniards,  and  afterwards  by  Commander  King- 
(fold,  of  the  United  States  Navy,  the  passage  was  incompletely  known; 
and  it  was  only  after  the  survey  performed  under  the  direction  of  the 
])rescnt  hydrographer  of  the  Admiralty,  Admiral  Kichards,  in  Her 
Majesty's  ship  rUunper,  that  the  oupacity  of  the  Haro  Strait  v-z  n  channel 
of  coinmunication.  superseding  to  some  extent  the  original  route  by  the 
Kosario  Strait,  was  publicly  recognized. 

ill  conclusion,  1  distinctly  state  that,  up  to  the  winter  of  18.")2-T)3, 
when  we  were  surprised  by  the  adverse  position  then  suddenly  advanced, 
no  doubt  was  entertained  by  me,  or  any  one  that  1  know  of  in  this 
(luarter,  acquainted  with  the  facts,  as  to  that  interpretation  of  the 
Treaty  which  refers  the  water-line  to  the  only  ship-channel  then  known, 
the  Kosario  Strait. 

And  1,  the  above-named  Alexander  Caulfield  Anderson,  solemnly  de- 
dare  that  1  make  the  above  statements  conscientiously,  believing  the 
same  to  be  true,  and  by  virtue  of  the  ]novisions  of  an  act  made  and 
passed  in  the  sixth  year  of  the  reign  of  His  M.ajesty  King  William  IV, 
intituled  "An  act  to  repeal  an  act  ot  the  present  session  of  Parlia- 
ment, intituled  an  act  for  the  more  effectual  abolition  of  oaths  and 
affirmations  taken  and  made  in  various  departments  of  the  state,  and 
to  substitute  declarations  in  lieu  thereof,  and  lor  the  moic  entire  sup- 
pression of  voluntary  and  extra-Judicia'  oatlis  and  aflidavits,  and  to 
m.'.ke  other  provisior.s  for  the  abolition        nmecessarv  oaths." 

LEKll.  (     ANDERSON. 

Declared  at  Victoria,  Province  of  Uritish  Colnuibia,  Dominion  of 
Canada,  this  KJth  dav  of  Seittember,  1871. 

Ror.T.  E.  .Tack SON. 

Xotarji  ridilic,  \'iitori<(,  Ihitinh  Coliiiuhid. 

I  Iicreby  ccrtity  tliat  Robert  J^hvin  .Tackson,  whose  si-natiin;  is 
attached  t<»  this  ihtcument,  is  a  notary  ]mbli(!  by  royal  antic  nty,  duly 
iuithorized,  admittetl,  and  sworn,  and  that  he  is  resident  and  practitMUg 
in  N'ictoria,  Province  of  Uritish  C()luinl)ia,  Dominion  of  Canada. 

CHARLES  (JOOD. 

Coloniid  S'         I  ij. 
iSKlTEMnKU  LM,  1S71. 


<  '  •'I 


/ll 


iftv<» 


r  J* 


l^' 


>  h' 


|.m|         'To  all  to  whom  these  presents  shall  come :  I,  Montague  William 
Tvrwhitt  J)rake,  notary  ])ublic  by  royal  authority,  duly  author- 
ized, admitted,  and  sworn,  residing  and  practicing  in  Victoria,  Province 
of  Ihilish  Columbia,  Dominion  of  (.'anada,  in  pursuance  of  act  of  Par 


112 


NORTHWEST    WATER    BOUNDARY    ARBITRATION. 


liament,  made  and  passed  in  the  sixth  year  of  the  reigii  of  His  Majosty 
King  William  IV,  intituled  ''An  act  to  repeal'an  act  of  the  present  ses- 
sion of  rarliaraent.  intituled  an  act  for  the  more  ettectual  abolition  of 
oaths  and  afiirmations  taken  and  made  in  various  departments  of  tlw 
state,  and  to  substitute  declarations  iu  lieu  thereof,  and  for  the  more 
entire  suppression  of  voluntary  and  extra-judicial  oaths  and  atiidavits, 
and  to  make  other  provisions  for  the  abolition  of  unnecessary  oaths,'' 
do  hereby  certify  that,  on  the  day  of  the  date  hereof,  personally  camo 
and  appeared  before  me  Herbert  (r.  Lewis,  named  and  described  in  the 
declaration  hereunto  annexed,  being  a  person  well  known  and  worthy 
of  good  credit,  and,  by  solemn  declaration  which  the  said  Herbert  G. 
Lewis  then  made  before  me,  did  solemnly  and  sincerely  declare  to  be 
true  the  several  matters  and  things  mentioned  and  contained  in  the 
said  annexed  declaration. 

In  faith  and  testimony  whereof  x  have  hereunto  set  my  hand  and  seal 
of  office,  and  have  caused  the  declaration  to  be  hereunto  annexed. 
Dated  at  Victoria,  the  14th  day  of  September,  in  the  year  of  our  Lord 
187L  # 

M.  W.  TYRWIIITT  DRAKE, 

Notary  Fublie. 

1  hereby  certify  that  Montague  William  Tyrwhitt  Drake,  whose  sig 
nature  is  hereunto  attached,  is  a  notary  public,  duly  ad'nltted  and  prac- 
ticing in  the  city  of  Victoria,  Province  of  British  Columu.«,  Dominion 
of  Canada. 

In  testimony  wherecrf  I  have  liereunto  set  mv  hand  and  official  seal. 
this  4th  day  of  October,  A.  D.  1871. 

CHARLES  GOOD, 

Colonial  ISvcrcta.ij, 

This  is  the  paper  writing  marked  E,  shown  to  Henry  Slye  ^Nlason  at 
the  time  of  his  making  his  declaration,  and  therein  referred  to  i»n  the 
29th  day  of  September,  1871. 


Defore  me ; 


M.  W.  TYRWHITT  DRAKE, 

Notanj  Vuhliv 


E. 


Hi'.RnEKT  G.  Lewis. 

My  name  is  Herbert  Cr.  Lewis,  master  mariner.  1  have  been  a  mastci 
mariner  since  18.")!>.  I  came  to  this  coast  in  1847.  1  have  l»een  in  thi 
Hudson  iJay  Company's  ser\  n-e  from  that  time  till  now,  and  dining  tiic 
greater  part  of  that  time  I  hww  been  trading  on  the  North  Pacific  coast. 
in  charge  of  that  company's  Vessels. 

2.  In  answer  to  (piestion  2,  J  say:  To  the  best  of  njy  knowledge,  in- 
formation, and  belief,  the  only  (;liannel  used  l>y  sailing  vessels  going  to 
Fort  Langley  on  the  Eraser  River,  through  the  Straits  of  Fuca,  was  the 
Rosario  Straits,  in  the  year  1848-'1!>. 

4.  In  answer  to  (pjestion  4,  I  say;  In  the  latter  part  of  1847  and  in 
1848  it  was  considered  that  the  object  was  to  give  free  access  to  liritisli 
territory  on  the  Northwest  Pacilic  coast,  up  to  the  tifty-secoud  parallil 
of  latitude. 

5.  In  answer  to  question  .1,  I  say  :  Sin  held  Vancouver  Island  aTid  sin' 
held  British  Columbia  up  to  54"  40'  north  latitude. 


CASE    OF    GREAT    BKITAIN APPENDIX. 


113 


(1.  Ill  answer  to  question  0,  I  say:  Only  by  going  to  tbe  westward  of 
Vancouver  islaiul. 

7.  in  answer  to  (luestiou  '»,  I  say  :  I  eaii  only  speak  to  the  period  atter 
1847,  and  to  the  best  of  my  knowledge,  infoiniation,  and  belief,  from 
thence  to  1848  and  1849  the  Ilaro  Straits  were  not  used  by  sailing-ves- 
sels; if  they  had  been  so  used,  I,  as  a  sea-faring  man  on  the  Northwest 
I'aciGc  coast,  should  have  heard  of  it. 

8.  In  answer  to  (juestion  8,  I  say :  The  reason  for  Ifaro  Straits  not 
being  used  by  sailing-ships  in  1847, 1848,  and  I841>,  was  that  it  was  then 
uiisiirveyed. 

!).  In  ans^rer  to  question  0,  I  say:  As  I  before  said,  in  1847, 1848, and 
1810,  liosario  Strait  was  used  as  a  surveyed  channel,  and  Ilaro  Straits 
had  not  been  surveyed,  and  was  not  so  used  by  sliii»s. 

Vancou.:"'s  charts  were  used  for  these  waters  in  1847,  and  till  18,"»4. 
I  never  knew  the  Spanish  chart  used,  or  any  American  chart  usetl, 
iiboiit  that  time.  To  the  bestot  my  knowledge  1  never  heard  of  a  vessel 
iroing  through  Ilaro  Straits,  but  only  through  liosario  Straits  in  1847, 
ISlS,  and  184«>. 

The  maj)  A,  especially  as  regards  Ilaro  Straits,  is  a  most  inaccurate 
representation  of  what  was  nautically  known  in  1847,  1848,  and  1849; 
Ilaro  Straits  being  then  unknown,  and  IJosario  Straits  generally  used 
liy  sliips. 

Tioin  1847  till  1852  I  was  employed  on  board  shii>s  of  the  said  com- 
piiiiy,  trading  l)etween  Hdnoluiu  and  Victoria  tor  tic:  Hudson's  Hay 
('oiiii»any,  and  Ilaro  Straits  have  been  from  time  to  time  navigated  since 
IS.')!'  by  me. 

Tides  are  very  irregular  on  the  east  coast  of  \'anc((u\'er  Island.  This 
incgularity  could  hardly  exist  if  Ilaro  Strait  was  the  channel  through 
wlnc'i  the  main  volume  of  water  (d)be<l  and  (lowed. 

OtVEast  IVdnt  and  I'atos  Island  a  <'urrent  with  tin'  ebb  and  tlood  tide 
sets  so  strong  as  to  render  that  i>art  of  Han*  Straits  unsafe  for  sailing- 
! Vessels. 

And  1,  Herbert  (1.  Lewis,  above  named,  s(dcmnly  declare  that  I  make 

the  above  statements  conscientiously,  believing  tlie  same  to  be  true, 

|:iiid  h\  virtue  of  the  ])rovisions  of  an  act  made  and  passrd  in  the  sixth 

u'lirof  the  reign  of  His  .Alajcsty  King  William  1\',  intituled  "An  act  to 

rejieal  an  act  of  the  present  si-ssion  of  rarliament,  intituled  au 

|''i|     act  for  the  more  etfectual  abolition  of  oaths  *and  anirmations, 

taken  and  made  in  tin;  various  departments  of  the  state,  and  to 

Isiilistitnte  declarations  in  lieu  {hereof,  and  for  tlie  more  entire  suppres- 

Isiiin  of  v((bintary  and  extrajudicial  oaths  and  ailidavits,  and   to  make 

jutlier  provisions  for  the  abolition  of  uiiiii'ccssarv  oaths." 

HI-:i:i!Kl{T  (1.  LHWIS. 

Declared  at  Victoria,  rrovince  of  IJiitish  Colinnbia,  this  14th  day  of 
ISt'iiiciulier,  1871. 

yi.  W.  TVK'WHITT  DKAKK, 

Ao/«/7/  J'tihlie. 

I  hereby  certify  that  ."M.  \V.  Tyrwhitt  Drake,  whose  signature  is 
ttached  to  this  document,  is  a  notary  publie  by  royal  authority,  duly 
iiiiliorized, admitted,  and  sw(un:  and  that  he  is  resident  and  juacticiiig 
h  Victoria,  rrovince  of  IWitish  Columbia,  Hominion  of  Canada. 

CHAlfLKS  (;()Oi), 

Colonial  tSfcrctayi/. 
Sll'TEMBER  21,  1871. 
8d 


1      «1 

-    \ 


V  "Jl 


\p 


114 


NORTHWEST    WxVTEU    IlOl'NDAUY    ARBITHATIOX. 


(if 


To  Jill  to  whom  tlioso  presents  shall  coino:  T,  I'obevt  Edwin  Jaeksi 
of  the  city  of  ViettJiia,  J*rovinee  of  ]>iitish  Colnnibia,  I^'Mniniou 
Canada,  notary  public,  duly  admitted  and  practicing;-,  in  pursuance  vi 
the  act  of  Parliament  made  and  ])assed  in  the  sixth  year  of  tlie  reij;ii  oi 
J  lis  ]MaJesty  King  William  1\',  intituled  "An  act  to  rei)eal  an  act  of  tlu' 
present  session  of  J'arliament  intituled  'An  act  for  tiie  more  elfectiml 
abolition  of  oaths  and  allirmations  taken  and  nmde  in  various  dei»uit 
ments  of  the  state,  and  to  substitute  declarations  in  lieu  thereof,  iiiid 
for  the  more  entire  suppression  of  voluntary  and  extrajudicial  oatlis 
and  alTidavits,  and  to  make  other  provisions  for  the  abolition  of  uiniep 
essary  oaths,'"  do  hereby  declare  that,  on  the  day  of  the  date  Iiereof, 
personally  came  and  ai)[>eaied  before  me  I'oderick  Finlayson,  naiiUMl 
and  described  in  the  declaration  hereunto  annexed,  being  a  person  well 
known  and  worthy  of  good  credit,  antl,  by  solemn  (leclaration  which  tlif 
said  liol'vick  Finlayson  then  nnule  before  m(»,  did  solemnly  and  sin 
cerel^'  deci;  re  to  be  true  the  several  matters  and  things  mentioned  and 
contained  in  the  said  annexed  declaration. 

In  laith  and  testimony  whereof  J  ha\  e  liereunto  set  my  hand  ami 
seal  of  ollice,  and  have  caused  the  said  declaration  to  be  hereunto  an 
ncxed.    Dated  the  ;>Oth  day  of  September,  A.  J).  1.S71. 

liODT.  E.  JACKSON, 

iS'oUiry  ruhik. 

I  hereby  certify  that  I'obert  l-^dwin  -Jackson,  whose  signature  is  here 
unto  attached,  is  a  notary  public;,  duly  admitted  and  practicing  in  tlie 
city  of  \'ictoria,  I'rovince  of  British  Columbia,  ])omini()U  of  Canada. 

In  testimony  whereof  I  have  heieunto  set  my  hand  and  oUieial  .se;il, 
this  ith  dav  of  October,  A.  1).  1871. 

CHAllLES  (iOOI), 

Colouial  f<ccrct<iyij. 

This  is  the  exhibit  marked  J-',  referred  to  in  the  annexed  declaraiiiiii| 
of  Itoderick  Finlayson,  declared  the  13th  day  of  Septend)er,  1871. 
Ijefore  me  : 

EOllT,  i:.  JACKSOX, 

yotary  I'uhlic 

F. 

Iiit('rro(/(iforie,s  ydntice  to  llir  uortlnct.sf  icaitr-houndanjqH^xCion  Hub)iut'ii'\ 

to  liodcrick  linluijuon. 

1.  About  LSl.VKJ,  had  the  Hudson's  I5ay  Company  any  fort  or  settki 
ment  on  the  J'raser  lliver? 

L'.  How  did  trading-vessels  or  other  craft  communicate  with  that  M 
or  settlement  from  foreign  ]>arts,  ami  from  other  settlements  on  tli' 
Columbia  Itiver  or  its  ueighborhood  I 

3.  The  date  of  the  settlement  of  J'ort  Laugley  on  Fraser  lliver? 

4.  About  the  time  of  the  negotiation  of  the  Treaty  of  June,  184(5,  wli.iil 
Avas  the  common  opinion  of  Creat  Britain  insisting  on  the  forty  nin'li 
]>arallel  being  deflected  in  a  southerly  direction,  tiirough  the  Strai!> 
of  Fuca  to  the  racific,  instead  of  cutting  through  Vancouver  Island' 

5.  if  to  secure  access  to  the  ]>ossessions  to  the  'orthward  of  tiie  !■' 
parallel,  state  what  possession  Great  Jiritaiu  held  to  tiie  northwanli'!! 
40'^  and  where? 

0.  If  the  free  navigation  of  the  straits  and  adjacent  channel  was  noil 


CASE    OF    GRKAT    I5RITAIN Al'PKNDIX. 


115 


ifioii  .subinttt' 


fort  or  sL'ttli'- 


annel  was  w 


ouarantcort  to  (ii'cat   Uritain,  how  ronld  access  he  ol»(aiiied  to  those 
j)ossossioiis  iiortli  of  4!P.' 

7.  Wlu'ii  tlie  Treaty  was  signed  in  Juno,  18K5.  and  ]>rovions  to  that 
dati',  which  channel  was  known  and  used  by  vessels  anion<;st  the  islands 
tbrniinf;' the  Archi|)ela,!^'os  l)etween  N'aneonver's  Islaiul  and  the  continent, 
to  iH't  access  to  our  dominions  north  of  4!P  .' 

8.  FoMvard  proofs  and  ailidavits,  h'f^'ally  attested,  by  captains  of  ves- 
sels and  others  who  made  use  of  the  channel  then  known,  and  their 
reasons  for  nnikiny  ns(»  of  it. 

!).  J'revions  to  tin?  siyiiin,!;  of  the  treaty  in  1^4(5,  and  also  at  thi;t  time, 
how  many  chaniu'ls  wei'c  known  to  be  navigable  amony:st  the  islands 
Ibrniinji"  the  Archipelago  between  Vancouver  Island  and  the  continent 
of  America  .' 

I,  Roderick  Fiidayson,  of  Victoria,  Vancouver  Island,  in  the  Province 
of  Jhitish  Colnmbia,  Dominion  of  Canada,  Chief  Factor  in  the  Ihulson's 

Hay  ('ompany,  do  solemnly  and  sincerely  declare  as  follows: 
j.lTI  *I  hav  been  on  the  Northwest  Pacific  coast  since  A.  1).  1S40, 
anddnrinf^all  that  tinu^  have  been  in  the  Hudson's  Hay  Company's 
('iiil))(>y.  I  have  been  a  Chief  Factor  since  l.S.")!>,  and  a  Lloyd's  Ajjeut 
siiicf  1S.~><{,  and  from  A.  1).  1844  to  1S47  1  was  the  Chief  A<>ent  of  the 
JIndson's  Pay  Company  at  Victoria. 

Kcferriufi'  to  the  interroj^atories  relative  <o  the  northwest  water-bouud- 
iay  (|uestion  hereunto  annexed,  marked  I*',  shown  to  nu":  at  the  time  of 
iiiakinji'  this  declarati(Ui,  in  answer  to  the  tirst  interrojiatory  I  declare, 
as  aforesaid : 

1.  That  about  A.  I).  184.")  and  184(1,  the  IludsonV;  liay  Company  liad 
a  settlement  at  Lan,ulev,  on  the  Fraser  Pivev,  and  the  said  settlenieut 
existed  siiKie  1827  or  l8l!8. 

-.  In  answer  to  the  second  interrojiatory,  I  declare,  as  aforesaid,  tliat 
11])  to  A.  1).  ]84."»  and  184(!,  Hudson's  Pay  Company's  ships,  bound  frun 
lloiiolnhi,  in  the  Sandwich  Islands,  from  Fort  Vanc(mver,  on  the  Colum- 
bia liiver,  and  San  Franvisco  and  Sitka,  to  Pan}>1ey,  passed  throujjfh 
Fiiea's  Straits  and  Posario  Straits;  also  vessels  trading  between  FoiL 
>>'is<|iially  and  Lanj;ley  used  to  pass  throuf;h  liosario  Strait. 

.'!.  In  answer  to  tlie  third  inti'rropatoiy,  I  declare,  as  aforesai«l,  to  the 
'test  of  my  knowledjic  information,  and  belief,  Lanji'ley,  on  the  Fraser 
lliver,  was  settled  about  the  year  18L'7  or  18i»8. 

4.  In  answer  to  the  fourth  interro«;atory,  I  <leclare,  as  aforesaid,  that 
about  the  time  of  the  ne^'otiation  of  the  Treaty  of  .lune,  184(},  the  com- 
iiioii  opinion  as  to  the  obje«'t  of  Great  Pii.iin  in  insisting'  on  the  forty- 
iiiiitli  i)araliel  beinj;'  deth'cted  in  a  southerly  directioi",  and  throu^'h  the 
Straits  of  Fuca  to  the  I'acilic,  instead  of  cnttin<;-  throujidi  Vancouver 
Island,  was  that  it  was  to  secure  access  to  her  possessions  to  the  north- 
ward of  the  forty-ninth  i)arallel  throujih  the  Straits  of  i'lU'a. 

J.  In  answer  to  the  lifth  interroyatoiy,  I  declare,  as  aforesaid,  that 
fli'eat  Pritaiii  then  held  Pritish  Columbia  up  to  parallel  of  north  lati- 
Hide  ."(p  40',  antl  Vancouver  Island. 

•».  In  answer  to  the  sixth  interrofjatory,  I  declare,  as  aforesaid,  that  if 
the  free  navi<>ation  of  the  straits  and  atlja^-ent  channel  was  not  jjuaran- 
tt'ed  by  (Ireat  Uritain,  access  conld  only  be  secured  and  obtained  to 
tiiosc  possessions  by  ships  jioinj;  to  the  westward  of  Vancouver  Island; 
and  as  iej>ards  those  jHtssi'ssions  on  the  coast  of  Pritish  Columbia,  be- 
tween the  lifty-iirst  and  forty-ninth  parallel,  ac«'ess  would  have  to  be 
siMij>lit  throujih  a  strait  wliich  is  intricate  and  ditlicult  of  navifjation  by 
reason  of  the  strength  of  the  tides. 

7  and  8.  In  answer  to  the  seventh  and  eighth  <iuestions,  I  declare,  as 


1.  :•>■;;- 2 1 


Hi 


II  HfP'v'''^ 


W. 


116 


NORTHWEST    WATEK    BOUNDARY    ARBITRATION. 


aforesaid,  that  when  the  Treaty  was  signed  in  Jnne,  1840,  find  previous 
to  that  date,  the  cliannel  wliich  was  known  and  used  by  vessels  amon^f 
the  ishinds  forming  tlie  Arcliipelago  between  Vancouver  Island  and  tlie 
continent,  to  get  ficcess  to  the  dominions  of  Great  IJritain  north  of  the 
forty-ninth  par.alU'l,  was  the  Strait  of  Kosario,  and  that  channel  only; 
and  it  was  the  only  surveyed  channel. 

9.  In  answer  to  the  ninth  interrogatory,  I  decljire,  as  aforesaid,  tlnit 
previous  to  the  signing  of  the  Treaty  in  1840,  and  also  at  that  time,  tin- 
only  channel  known  to  be  navigal)le  among  the  islands  tbrming  tlic 
Archipelago  between  Vancouver  Island  and  the  continent  was  the  Strait 
of  Kosario. 

And  I  fnrther  declare,  as  aforesaid,  that  in  A.  D.  1840,  I  went  from 
the  Hudson's  IJay  Conii>any's  Station  at  Nis(|ually,  I*uget  Sound,  in  tiic 
steamer  IJeaver,  to  Sitka,  through  Kosario  Strait  and  Johnson  Strait; 
and,  in  A.  1).  1843,  I  returned  from  Sitka  and  other  stations  throiij;li 
Johnson  Strait  and  Kosario  Strait  to  Vancouver  Island  in  the  Kcavci, 

Previous  to  A.  D.  1840,  Kosario  Strait  was  the  channel  for  vessels 
coming  to  Victoria  from  Fraser  Uiver  and  the  Xorthwest  Pacitic  coast, 
or  going  from  Victoria  thereto. 

Aiul  I,  Koderick  Fiidayson,  above  named,  solemnly  declare  that  I 
make  the  above  statements  conscientiously,  believing  the  same  to  in 
true,  and  by  virtue  of  the  piovisions  of  an  act  made  and  passed  in  tin 
sixth  year  of  the  reign  of  llis  Majesty  King  William  IV,  intituled  ''An 
act  to  rei)eal  an  act  of  the  i»reseiit  session  of  Parliament,  intituled  'An 
act  for  the  more  ett'ectual  abolition  of  oaths  and  afhrmations  taken  ami 
made  in  various  departments  of  the  state,  and  to  substitute  declarations 
in  lieu  thereof,  and  for  the  more  entire  suppression  of  voluntary  ami 
extra-judicial  oaths  and  aOidavits,  and  to  make  other  provisions  for  tli( 
abolition  of  unnecessaiy  oaths.'  '' 

KODK.  riNLAYSOy. 

Declared  at  Victoria,  in  the  Province  of  British  Columbia,  Domi'iim 
of  Canada,  this  oOth  day  of  Sei»tember,  1871. 
Keibre  me : 

KOP.T.  E.  JACKSOX, 

Xot<(ry  I'lihlii. 


CASE    OF   GREAT   BRITAIN APPENDIX. 


117 


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CASK    OF    CiRKAT    IIHITAIN — Ar'PKXDlX. 


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RE 


III. 


* , 


'     'I 


REPLY  OF    THE   UNITED   STATES 


TO 


THE  CASE  OF  THE  GOVERNMENT  OF  HER  BRITANNIC  MAJESTY, 


I'lJESENTED  TO 


HIS  MAJESTY  THE  EMPEROR  OF  GERMANY, 


A.&     A^  li  B  I  T  K^  T  O  R  , 


■NDKi:  TlIK  PIJOVLSIOXS  OF  THE  TUEATV  OF  WASUINGTON,  JUXK  12,  ISTi. 


It 


:|fT'^r 


^^^ 


II  !•:  I'  I V . 


'I'lic  I'liitcil  States  oil  tl.c  iL'tli  of  1  )('C('iiilicr  l;ist  prcsciiltMl  llicir  Mo- 
iiiori;tl,  til  tlu'( 'aiiii!  de  Iliiro  ;is  tlio  IxmiHliiry  line  of  tlic  I'liitcd  States 
ttf  Aiiu'ik'ii,  to  the  [iiiiieiial  Arbitiatttr,  and  totlie  representative  ol  Her 
Uritaiinie  Majesty's  ("loveriiiiu'iit  it  l>er!iii.  To  the  Case  of  (he  (loverii- 
iiieiit  of  Her  liritaniiie  Majesty,  likewise  siihiiiilted  at  that  time,  they 
iidw  olVer  their  reply.  A  f<»riiial  answer  to  every  statement  in  the  lUitisli 
Case  to  wliieh  tiiey  take  exception,  woiihl  rcfpiire  a  wearisome  analysis 
(it  ahiiost  every  oih',  of  its  pa^^cs.  They  hoUl  it  siitli('ient,  to  point  out 
;i  few  <vf  the  aUe^iations  w  hieh  they  re;;ard  as  erroneous;  to  throw  lij^lit 
iilHiii  the  aij^nmeiit  on  which  tlie  Uiitish  i»riiicipally  rest  their  Case;  to 
stahlish  the  consistency  of  the  American  (lovernment  l>y  tiijcin;;  the 
lontroversy  throiiyh  all  its  chanjies  to  its  jiresent  form;  and,  lastly,  to 
apply  to  tin*  interpreintion  of  the  Tre;  (y  some  of  the  pi.  icii>les  which 
llcr  r.ritannic  MajestCs  (ioverniiu'iit  itsi'lf  has  invoked. 


m 


Hnlisli  Ca..-.  p.  .1. 


1.— THE  UKITISir  (ASt:. 

The  arj;iiinent  of  Her  Britaniiicr  Majesty's  (iovernment  has  kept  in  the 

hackjironnd  the  clear  words  of  the  Treaty  descrihiiij,'  the  bonnd- 

1;        ary,  and  has  made  no  attempt  to  briii},'  *lliem  into  harmony  with 

the  JJritisli  claim.      On  the  contiary,  in  the  statement  of  the 

'liicstion  submitted  for  aibitralioii,  it  assiunes  that  the  Treaty 

(if  J.S71  speaks '•' as  if  there  were  more  than  one  channel 

lictween  the  continent  and  \'aiicouver  Island  through  which  the  boiind- 

;iiy  may  be  I'lii."     The  United  States  are  of  the  opinion  that  the  TresUy 

of  lM(idesi<!iiates  the  llaro  Chainiel  i»re(is<'ly  as  the  only  channel  of  the 

Itoumlavy.     The  words  sire:  ''The  channel  that  sejiarates  the  continent 

troiii  \'an<*oiiver  Island;"  and  there  is  but  one  such  channei.     The  so- 

t idled  Straits  of  Jiosario  touch  neither  the  cortinent  nor  Vancoiner 

Island. 

The  name  of  the  conlinent  of  South  Ann'rica.  as  used  by  y-eo<;ra pliers, 
iiiclcdes  tlu'  ;;roiip  of  islands  south  of  the  Straits  ;»f  Ma;;ellan.  The 
continent  of  Asia  inchules  ("eylon  ami  Sumatra;  the  continent  of  Kii- 
ntpc  iiK  Indes  (iieat  Hritainand  Ireland,  and  the  lleinich's.  Asia  Minor 
iiK-liides  Lesbos,  and  Scio,  and  Samos,  and  Khodes,  and  TeiKMlos;  and 
so  the  continent  of  North  America  incindes  all  adjacent  islands,  to  the 
i:reat  Pai-ilic. 

^^'ere  the  ipiestion  to  be  asked  *'  What  channel  separates  tlu'  conti- 
nent of  Kuntpe  from  i'amlia  f"  the  answer  would  not  draw  tlmline  north 
nf  the  ;;r,.*atei  part  of  the  .I'jican  ArchipelajiO,  but,  like  all  ICurop«'an 
•liploiiiacy,  woiihl  point  to  the  channel  south  of  Santorin.  in  like  man- 
ner, ^vlien  the  Treaty  speaks  of  "that  channel  which  separates  the  con- 
tinent from  \'aiicou\*er  island,"''  nothin;;  is  excepted  but  \'aii<'oiiver 
Island  itself. 

The  United  Stat«'S  assented,  in  lS71,to  no  more  than  that  Ureat  Ilrit- 
iiiii  nii;;ht  lay  her  pretensions  before  an  impartial  tribunal,  all  (he  while 
l>flif\ii!j»-  and  avowiny-,  tint  the  sitin.M-  statement  which  has  just  been 
made  is  absolutely  conclusive  on  the  {loint  submitted  for  arbitration. 


';. 


124 


N<mTnWEST    WATKR    BOUNDARY    ARHiTKATlON. 


The  Ihitisli  Case  sooks  to  draw  an  inferojice  mifavorabl*'  to   tin- 
Ainoiiwui  <l«'iiiaiMl  iVoin  the  proviso  in  the  Treaty  of    isii; 


C.-lilItniirunu'MM, 

»m|.      |>.       III,,-.    4HI.I.    p. 

tl.     A|M.-'ii.lit  |,>M." 
Mioriiil.  |>.  4r. 


whieli  .secures  to  either  party  the  free  na\  i<;ation  of  the  whole 
|.")|  *of  Fiiea's  Straits.  It  is  «piite  tru(^  that  the  rij^ht  was  safe,  and 
was  known  to  be  .safe  "under  the  i>ubli«!  law  ;''  yet  it  api»ear,s 
from  do(unnents  ])rinted  at  the  time,  that,  as  the  recent 
a.ssertion  by  the  Jlussiait  (lovernment  of  a  chiiin  to  tlic 
exebisive  navijjation  of  a  part  of  tlie  Xortliern  PaciAc  Ocean  was  recol- 
lected, it  was  tliouj^hl  best  to  insert  the  supertluous  clause,  recojiniziii;; 
the  straits  of  Fnca  as  an  arm  of  the  .sea. 
The  Jiritish  arjjfunient  .se«'nis  suited  to  nnslead  by  its  manner  of  nsin;: 
the  name  "  straits  of  lio.sario."    The  tirst  channel  from  tiic 


Uritinh     ('.11*1'.     |i|>. 


V.  Iim.  I.  :ir.  :k 


Straits  of  Fuca  to  the  north,  that  was<li.s<;ov<*red  and  partly 
examine»l  in  171M>,  was  the  Canal  de  llaro.     The  expedition  under  Licii 
tenant  Eliza  explored  that  channel  in  .lune,  17!U,  with   the  ^ireatcst 
industry  and  care,  ami  discovered  the  In-oad  water  which  is  itscontiniia 
kion  to  the  north.    That  water,  lyin^altoy;ether  to  the  north 
of  the  inu'thern  termination  of  Ilaro  riiannel,  was  naiin'd 
by  the  expedition,  Kl  (Jran  Canal  de  Xeustra  SePiora  del  Ifosario  !a 
jVlarinera.     Thus  the  Canal  de  Ilaro  and  the  true  Spanish  Channel  ot 
Jio.sario  torm  at  once  the  ohh-st  historical  contininius  channel,  as  it  is 
the  one  continuous  boundary  channel  of  the  Treaty  of  l.S4r». 
^he  passaj^e  which   the  Jiritish  authorities  now  call   the  Straits  of 
Iio.sario,  a])pears  as  early  as  17J)1  on  the  nnij)  of  VA'\/.i\  as  the 
Channel  of  Fidaljjo.     Vancouver,  (Muninin' after  I'ili/a,  trims 
feri'cd  the  name  of  Iv(»sario  to  the  strait  east  of  tin*  island  nt 
{":',,!"  Texa<la.     The  llritish  Admiraltv.  soon  jjfter  receiviti";  tin- 


M;iF  K, 


Aihtiirrthy  Map   *>( 


.1  II  <l    I  h  .'  (i  II 1 1 


Kn.m  .11.  snrvevs  matle  under  its  orders  in  1S47  i>v  Captain  Kellett, 


i>f   CaiilMti 


ir!t:i.    ( ;ii>iiiiii- 

<l.lliahi>:inil<'.V;il.l." 
l-lli.  (':ili1aiiill.  h.l- 

i.it.  I!  s  ,i»ir.  I'liSi. 
i.>h.-.j  K.b.  a".  i«4'.t. 


H. .V.  suddenly  renu)ved  the  name  of  the  straits  of  liosario  from 

the  narrow  water  between   the  continent  and  the  islainl  ot 

Texada,  where  it  had  remained  on   Ibitish  maps  for  titty 

years,  to  the  jjassaj^e  which  the  Spaniards  called  the  chaii 

nel  of  Fidaljifo.     Ami  yet  the  (Jovernment  of  Her  I>titannic  .Alajcsty 

advances  the  assertion,  that  '*  how  the  name  has  come  to  \w' 

nm^i.  < ...  I  II.     ^^^  "jipplicd  ill  modern  tlays  do(  s  not  app«'ar."     For  this  act 

of  the  llritish  Admiraltv  in  Fel»ruarv,  l.S4!>,  there,  exists  no  historical 


l^^'] 


Mnli  K. 


justilication  whatever. 

*The  Cnited  States  have  obtained  from  the  IIydro;iiapliical 
Jbiieau  in  Madiid  a  ceitilied  r-opy of  two  reports, nmde  in  171M.(it 
the  explorations  of  de  Kli/a,  ami  a  facsimile  of  a  map 
which  accompatii<>d  them.  On  this  authentic  map,  of  which 
a  Iitho<ira]>hic  copy  is  laid  before  the  Imperial  Aibitrator,  the  position 
of  the  canal  de  Ilaro,  of  the  Spanish  canal  de  Ho,><ario,and  of  the  channel 
of  Fidalfjfo  may  be  .seen  at  a  jjlance,  as  they  were  determined  by  the 
oxpcflition  of  ICliza  in  the  year  17tM. 

The  IJritish  Case  exaiij-crates  the  importance  of  the  voyaju'e  of  Cap- 
tain \'an<'()uver.  So  far  were  American  lur-traders  from  followinj;  his 
•guidance,  they  were  his  fort>runm'rs  and  teachers.  Their  early  voyages 
are  amony  the  most  nnirvelous  events  in  the  histin-y  of.  commerce.  So 
.soon  as  the  Jndepemlence  of  the  United  States  was  acknowled;;ed  liy 
(Ireat  Ibitain,  the  strict  enfoit'ement  of  the  old,  ilnn'pealed  navi^falioii 
laws  cut  them  off  from  their  Ibrnu'r  haunts  of  connnerce,  and  it  be*'anic 
a  question  from  what  ports  American  ships  eoidd  brin<j:  home  (MtlVic. 
and  su^jar,  and  spices, and  tea.  All  Ibitish  colonies  were  i)arreda;xaiiisi 
them  as  much  as  were  those  of  Spain.  So  Anu'rican  ships  sailed  into 
eastern  oceans,  where  trade  Mith  tlie  natives  was  free.    The  yreat  .\>i 


REPLY    OF    THE    UNITED    STATES. 


125 


I'l.   I"t.  111-.". 


ati(;  coniinerco  pouied  woaltli  into  the  liJi>  of  the  new  repuhlie,  and 
Aiiu'ricans,  observing  the  loudness  of  the  Cliinese  tor  fnrs,  saded  fear- 
lessly from   tlie  Cliinese  seas  o!'  ronnd  Ci'.|)(^    Horn  to  tlie  northwest 
coast  of  America  in  <juest  of  peltry  to  ex'.han^^e  for  the  costly  falirics 
anil  jirodncts  of  ('hina.     They  w«*re  in  tlie  watersof  northwest  America 
loML?  l)efore  the  Ilndson's   IJay  (.'ompanv.     We  know,  ahke     M.:.r...  v.,,,,.. 
iroin  Itntish  and  irom  Spanish  aiithoritu's,  tiiat  an  Amen-  t-  v„v......  -..i.  ,, 

can  sloop,  fitted  out  at  iSoston  in   New  Kn^^land,  and  com-  "'Mrn?r'i'l!u'M.M.MV. 

inainled  by  Captain  KeiKlrick,  passe«l  tliron;ih  llu'  straits  of  «rM,wV.^'i','„i,'.,^  .'„ 

I'lua  just  at  tiie  time  wlun  the  .'vmeiican  Constitution  went  v.'ia.'i.  im.'"'""'"" 

into  operation — two  years  before  \"aiicoiiver,  and  even  lietbrt'  (^)niinpr'r 

and  de  llaro.     Americans  ilid  not  coidiiie  themselves  to  one  pas- 

71        sa{>e  in  iti<'ference   to  others,  but  entered  evt-ry  *  channel,  and 

inlet,  and  iiarbor,  where  tln're  was  a  chance  of  trallickiiiji  with 

a  red  Indian  for  skins;  and  tliey  han<U'ddowii  from  one  to  another  the 

results  of  their  <lisco. cries. 

Tile  instruction  from  the  llrifish  Admiralty  toCaptain  Vancouver  was 
proiiiptcd  by  an  account,  which  they  had  seen,  of  tiie  \(tya;;e 
itt  Kcmirick,  and  the  belief,  <lciived  from  that  account,  that 
tlie  \\at;'rs  td"  the  Paeitic  mijilit  reach  far  into  tiie  Ameiican  continent. 
\'aii('oiiver  was  tlierefore  inslincted  to  seaicli  for  cliamu'Is  and  ri\»'i's 
leadinj;  into  the  interior  of  the  continent,  tlie  farther  to  tlie  south  the 
Itettcr,  in  the  hope  that  water  comnmnication  mij^lit  be  found  even  witli 
I  lie  Lake  of  the  NN'oods,  In  C(»ntoi  niily  to  these  instructions,  founded  on 
tiie  voya^ic  of  Americans,  he  entered  the  straits  of  I''nca,  and  kee|»inj;' 
always  as  near  as  he  could  to  the  eastern  shore,  In;  vainly  searched  the 
ciiast  to  the  sontln'iii  limit  of  T'lijict  Sound.  Tnrniny  to  the  north,  he 
passed  thronj-h  the  chaniu'l  (  f  I'idal^o,  or  the  spmioiis  I'osario,  becansc 
Ills  instructions  rcipiiicd  him  to  keep  near  the  shore  of  the  <'(mtinent. 

The  infereiici' (»l  Her  Ibitannic  Majesty's  ( bivi-rnment,  that  the  so- 
called  Kosario  Strait  is  the  channel  of  the  Tr«'aty  because  \'anconvcr 
■mailed  tliron;;li  it,  is  a  falhu-y.  He  never  committed  such  a  mistake  as 
to  represent  the  so-called  Wttsaiio,  which  he  apparently  did  not  even 
tliiiik  worthy  of  a  name,  ,is  liein;;'  comparaltle  to  the  channel  of  llaro. 

The  arjinmeiit  of  Her  liiitannic  Majest\'s  (lo\  ernment  misstates  the 
cliaracti'r  and  exaji^^crates  the  value  of  the  chart  of  \'anconver  by 
assuming  that  he  prepared  dircctitms  to  mariners  tor  navi«;ation.  Ibit 
tlie  chart  which  is  produced  is  (uily  one  map  aimmy  many,  never  i»iil»- 
lislied  apart  from  a  work,  too  vobiminons,  expeiisi\«',  and  raiv  to  lind  a 
place  on  b(»ard  the  small  \essels  of  fur  traders.  The  line  on  his  map  is 
iiotiiiiii'  more  nor  less  than  the  track  of  his  own  course  while  cnj^M^ed 
III  explorations  under  eontrollin;;' instrnctions,  and  is  a  track  which  no 

ship  has  tollow(*d  or  is  likel,\   to  lolli>w. 
^  *Tlie  Iliitish  alignment  tieipiently  rcfeis t o (iiesoiindin;;staken 

liv  N'anconver  in  tlie  l"'idaluoIIosaiio  Channel.    Onlv 


4  m 


!w 


tt  such  sonndinjis  ap|H'ar  on  his  map,  while  there  are  fi\e 


n    l«    It',  ?«   :ll 


M  .|.    I. 


•'I' six  on  an  arm  (»f  the  Canal  de  llaro.  and  one  on  its  ed;;*',  show■inJ^• 
tllat  iis  waters  were  found  to  be  moic  than  twti  hnndied  feet  deei». 
riie  chart  of  these  waters  lor  mariners,  pnblished  by  the 
Spaniards  in  I7!>."»,  exhiliils  many  sonndiiij;s  to  lacililate  the 
ii?*"' of  the  Canal  «le  llaro.  If  this  excellent  (hart  i'ontains  no  sound- 
iii^^s  ill  the  },Meat  ct'iiter  of  the  channel  of  llaro,  it  is  for  a  leason  to 
«liicli  \aiiconver  repeatedly  refers,  that  the  nsnal  siuindiii};-  m.,-.<  v..  m 
lilies  of  those  days  w«'r«' imt  lon^'  en(Mi<ih  to  touch  bottom  '  ""■ 
111  the  deep  waters  w  h«'ie  walls  of  i^iiH'ons  I'ock  yo  perpendicularly  down 
liiiiulretls  of  feet,  closi*  even  to  the  shore.     "  l^ven  nearest   the  islands," 


:  ;,'f!J-"W' 


126 


NOKTHWKST    WAIT.li    IWMNDAHV    AlflUTKATloX. 


(    i4 


writes    Do    ICliza,  "we  could   nut    liiid  Ixtlloiii    witli    a    liiir   of   ruriy 
liitlioiiis."     "  I'roxiiiio  :i  las  islas,  no  sc  cncucnlra  Inndo  con  10  l>ia/;is." 
The  llritisli  Case  assij^ns  in  like  manner  an  nndne  iironiinence  to  tlii' 
iirMi.h  ( >-  IP.  trade  in  the  \'ancon\er  waters  jaior  to  the  treaty  of  Is|ii, 
"  '••  As  to  ;^('in'ral  commerce,  there  was  none.     As  to  setthMnciiK. 

])roi)erly  so  caih'd,  tlu're  <'onhl  l>e  none:  for  under  the  Itritish  tn-iiiy 
with  Spain,  and  the  treaty  of  non-occupation  betwt-en  the  I'nitcil 
►Slates  and  (ireat  Uiitain.  impliedly  at  least,  there  could  he  in»  f>i'ii"t> 
or  holdinjiS  ol'  tenitory  by  individuals  or  companies  of  eitliev  piuty. 
The  American  voyages  on  the  northwest  coast  were  entirely  liroken  ii|, 
by  the  nniiitinn'  orders  and  acts  of  laijjland  which  ])receded  the  waroi 
J.Sll.':  and  tlu;  American  fui-trade  never  recovered  t'rom  the  etVects  oi 
that  war.  The  trade  became  a  nn)nopoly  of  \\h)  Hudson's  I'.ay  Company. 
AIM",  iiv  N,.  iir  and  that  company  boasted  onicially  that  "  they  com|)elled  tin 
''"■""'"•'  Americans  one  by  one  to  withdraw  from  the  contest."     Tlie 

United  States ackn()wle<l.ye  that  the  boast  was  true.  At  rare  inteiviiiv 
of  years,  Americans  may  have  entered  Fiica's  Straits,  but  a  caictiil 
search  fails  to  discover  proitf  that  even  one  sini«le  Cnited  States  vessel 
saileil  into  those  waters  between  the  year  \S\i)  and  tlit 
|0]  *  arrival  of  the  Ann-iican  ]!\|tloiin;4  l''xpe<litioii  under  AVilkes  in 
ISll.  A  monojxdy  ol'  tlie  trade  was  maintained  by  the  lludsdn^ 
IJay  Company,  not  ajuainst  Anu'ricans  only,  but  ajiainst  all  ships  Imt 
their  own.  ^^'hal  then  liecomes  of  the  IJritish  arjiument,  that  tradiii:: 
vessels  of  other  nations  were  in  all  that  tinu'  not  known  to  pas.^;  i!irou;;li 
the  Canal  do  Ilaro.' 

The  lIu«lson's  Uay  Company  was  once  a  company  of  comnu'rcial  iiii 
portance,  MS  w«'ll  as  of  i»olitical  inlluem-e,  Ibit  the  limit in^'^riuind  ovii 
which  it  ranji'cd  was  enormously  wide,  strctcliinji'  from  liabrath)r  In 
California  and  to  the  Ifussian  scttleuHMils  in  northwestern  America. 
They  i'ould  spare  very  little  of  their  limited  rcsoui'ces  for  the  watci^ 
ai'ound  San  Juan  Island.  Tlieii'  leadin<>' settlement  in  the  AVest,  until 
l.Si;»,  was  at  I'ort  \'anc(Miver  on  Cohnnbia  Iviver.  ( )f  shipping.;- in  tlifii 
employ,  nothinji'  is  heard  tor  many  years,  excejit  of  one  snnill  steanni. 

^,1 ,  ;.;„  -.;,    the  Iicaver.  ami  of  oiw  small  s<'hooner,  the  Cadboro.     Wilkin 

"•"'''''  ill  IStl  met  only  the  IW'axer.    TIm'.sc  vessels  were  ai'custoincil 

twice  a  year  to  nnike  the  trii»  from  Fort  ^'anconver  tothe  various  posts. 

to  distribute  supplies  and  to  collect  fiiis.  If  in  these  tri|i^ 
]h1\''j\.:^m!\!v'k>.  they  chose  to  ])as8  through  the  l-Mdal.iio-lJosario  i-hanncl. 
rai'.  ^2r.^.'.!''^  I    I'atlier  than  the  Canal  dc  Ilaro,  the  Jbitish  Ca.se  has  onnt- 

tetlto  statethc  reason  of  Ihechoice.  In  the  .senn-annual  trip! 
from  I'ort  N'ancouver  to  the  tra«lin,u'  posts,  the  lir.st  one  that  was  visittHll 

was  Nisipnilly,  at  the  lica<l  of  lMi;;et  Sound.     A  vessel  siiil" 

in;r  lr(un  that  part  ol  the  Cnited  States  to  l-^a.ser's  Iv'ivcrj 
wi>uld  naturally  pa.ss  tliroiij;h  the  l''idalj;"ol(o.sario  channel.     To  liavtl 

taken  any  other  would  have  been  circuitous.  A  j><'Ojirapli 
^'"'^  n-al  sketch  is  i'.nnexed,  from   which  the  reason  will  ap|Miu 

why  the  ve.s.sels  on  the.s<>  trips  jia.s.seil  tlirouj;li  the  soealleil  lio.saiin 
Straits;  not  because  it  was  the  j^reat  channel  frcnii  the  Stiaits  of  -Inaii 
de  I'^iica  to  the  iioith,  but  becan.se  it  was  the  shortest  passafi'e  betwfcii 
Nisqually  in  TuHet  Sound  and  Fort  Jjaii^j^ley  on  I'raser's  Kiver.  The  if 
turn  voyajje,  when  there  was  no  need  of  touchinji'  at  >'i.stpially.  \va> 
sometimes  made  by  the  Channel  of  Ilaro. 
[!(►]  *  "There  were  no  ves.sels  en  {rayed  in  tho.se  waters, 
writes  K'earAtliiiiral  Wilkes  of  his  visit  to  them  in 
1841,  "except  the  small  and  very  iiiellicieut  steamer,  called  the  IJeavci. 
commanded  by  Captain  McNeill,  who  spoke  of  it  [the  Strait  of  Ilaio 


1.  .-.I. 


|>.  till. 


^k-\-S^._. 


nmwavsanss 


!      \ 


N 


V  a,  V 


\ 


\  "*-^- 


r^. 


/ 

r 

V 


-    \>-: 


y 


ft      ; 


/ 


i 


V  ''  ti' 


,") 


:        Vr- 


^^ 


^f>  V'>:.-^\ 


1/ 


\5 


'"4 

r 


o 

! 


F  U  CA 
ST  R  AITS 


I    1  ^  K 


'/ 


I 


J 


iC 


oso  waters, 
to  them  ill 
the  J{('iiv('i. 
lit  of  Haitt 


'Ih' 


KKIM.V    OF     rilK    I'Mir.l*    >IArKS. 


127 


lu  tilt'  as 
|;osiiri(»  i»iissi>;n< 


tln»  iH'st  ])iissii;;(',  altli<)ii;;li  lie  w.is  oMi^^ctl  In  |i;i>-  tliroii;,'li  tlic 


ALlillll.   Ill 


iiiiriiitiii^  tlic  siiivc.N  (if  tlif  Hiiro  cliaiiiirl  l»_v  the  l.'Mit»'»l 
Sl;iU-s<'.\|'l<>riii,u<'Xi.(MliliMii,  in  ISlI,  tlio  British  ("asc  sliapcs  ,„,_,^,.„  ,  „ 
ihf  iiiinaliv*'  so  as  to  a'wv  the  iiniuc^sioii  tliat  llic  American 
,.\iMiliti()ii  iciiardi'd  tin- so-called  sirails  of  iJosmio  jis  snju'iioi  to  tlie 
11,11(1.  wliih-  tlic  opposite  is  the  triitli.  Coiiiiiiodore  Wilkes,  \\lio  <-oni- 
iiiiiiiilcd  the  expedition,  detaelied  a  siiliordiiiate  ollieer  in  the  \'iiicetines 
i,,siir\ey  tin'  chamiels  aiiionu'  the  ishinds  of  the  arciiipela.u'o  ;  lie  re- 
Mi\f(l  lor  himself  the  more  important  Init  less  dilliciilt  olliee  of  siirvt'y- 


111'. 


ihc  channel  of  llaro. 


On  I  he  'Jtitli  l>a;;e  o 


f  the   l!riti>h  ('as«'  it  is  iisserfed  that   the  late  Mr, 


llr.;  .11  1 .1..  .  1.. 


It.iiiiel  Webster  Stated  in  the  Senate  ol   the  I'liited   States 

ilnit  the  ,m-eat  aim  of  the  I'nited  States  in  ISH;  was  to  es- 

lalili.sli  the  fort y-niiit h  jiarallel  of  noiih  latitude  as  the  line  of  Itonndary 

,,11  i!if  western  side  ot"  the  llocky  Mountains,  "not  to  lie  dejtarted  troin 

liir:iii\  line  further  south  on   the  «  ontineiit." 

Tiic  inference  «lrawn  from  this  is,  that  Mr.  W«'l>ster  demanded  the  line 
ut  ilif  parallel  of  !'.>  for  '*  the  continent"  only.  ;iiid  was  inditferent  as 
1(1  '-ilie  islands." 

.Mr.  Webster  was  not  a!  that  time  a  member  of  the  (lovernment  of 
111.'  I'liited  States,  but  the  leader  of  the  political  minority  in  the  Senate. 
uliicli  (tpposed  the  administration  of  that  day.  The  Inited  States, 
tlicrt'fore,  may,  without  «pn'sti«Miiinj  the  yreat  authority  of  his  name. 
ilciiy  that  he  is  to  be  re«-eived  as  iiii  iiiierpr(>ter  of  the  views  of  the 
iMiiiiict  which  ne^otialed  the  ti'eaty  of  IS  Id.  It  may.  liowever.  surprise 
;lic  !iii|ieiial  Arbitrator  to  learn  that  Mr.  Webster  not  only  <lid  not  en- 
i.itaiii  the  opinions  iittribnted  to  him.  but  expressed  himself  in  a  sense 

exactly  the  reverse, 
IJi  *Soiiie  members  of  the   Senate   insisted  on  the  parallel  of  ."il" 

111'  ;is  the  Ameiiciiii  boundary:  .Mr.  Webster  declared  himself 
rumciit  with  the  ii;iiallel  of  I'.r,  I'.ut  his  words  were  absolute.  The 
liiitisli  (";\se  puts  words  into  his  mouth  which  he  iieNcr  uttered.  What 
Mr.  Webster  said  w;is,  that  the  line  of  l'.>  was  '' n(>t  to  be  dopaited 
Horn  for  any  line  fiirthei- south."  The  W(uds'"oii  the  continent  "  are  an 
Miitipolation  made  by  the  Ilritish  (  ase.  In  the  same  debute  and  on 
'Ih'  >;iiiie  diiy  Mr.  \Vebster.  to  jiiijird  a;;ainst  misrepresentation,  ob- 
Mivcil    with  j^reat   solemnity:  "'hie  Senate  will  do  me  the  Jnstiv«'  to 


:ill(> 


Wil 


w.  that  I  s;iid  iis  phiinly  as  I  could  speak,  or  put   down 
Ills  in   writiiij;,  that   i'liiuland  must  not  i'.xpect  anytiiinj;" 
>'Mitli  of  forty-nino  (h'<rre('s."' 

'I'll!' (loNcrnmenI  of  ilei-  IJritannic  ."Mnjesty  iiu'ludes  in  the  charts  an- 
:it Mil  to   its  Case  a   map  of  Oregon  and  I 'ppci- (';i|if(»i  iiia 
ti;i\Mibyone  Preuss,  ami  yet  in  its  printi-d  Case  there  is  not 


I'l'.  \l».  IIKI 


llnl'-l    (•  !«• 
.Mai.  N...  •> 


>l|| 


e  .>iii^le  word  expliiiiiin;^'  wliy  the  map  has  been  prodiici'd.  The 
I  lilted  States  know  (uily  that  <u)  a  former  occasion  Captain,  now  A«lmi- 
lal  I'icvost,  the  British  r>oiiiidary  Commissioner,  wrote  of  it,  x,.  ,.,  n,  ;.. 
ill  Ills  oiVicial  character,  to  the  American  r.oiindary  Commis-  '  '"" '  '  ' 
MniHi  :  >.  [  be.".;  yon  to  understand  that  I  «[o  not  brin^- this  map  forward 
■IS  any  authority  Ibr  the  line  of  boundary." 

I'oity  years  ajjo  the  mountain  ranges  and  upland  i»lains  iVom  which 
ilO'  Wilier  tlows  to  the  (lulf  of  California,  oris  lost  in  inland  seas,  still 
rt'iiiaiiied  as  little  known  as  the  head  sprin<;s  of  tin-  Conj;o  ami  of  tin' 
Nile.  I'reinont  had  thrice  penetrated  those  re^iiions,  once  or  more  with 
I'uMiss  in  his  service  asdraujihtsman.  On  the  retuiii  of  Frenuuit  from 
liis  third  expedition,  the  Semite  of  the  United  States,  althouy^li  he  was 


I 


128 


NOHTIIWKST    WATKU    norNI>AHV    AKItlTKA'I'K  >\. 


not  then  in  tlic  pul>li(^  s(>i'\i(-t>.  instcnd  of  leaving  liiiii  to  swU    i  ]iii  > 
lisluT,  on  tlu'  .*»tli  iind   l.'Mli  of. Inn*'.  IStS,  jit   tin'   instnnct'  ol   Mi.  I'xi, 
(on,  voti'd  to  ptint  liis  <i('o;:r:i|tlii<'iil  nininHr  on  I'pprr  Ciiliroriiii. 
flL']      iuni  tlu'  uiiip  ol'  C)iT;:on  and  *('alil'ornia,   •' according:  to  the  pro 
jrction  to  1»«'  I'ninislicd  Ity  tlu'  said  .1.  ('.  I'lcnnMit." 
In  rcpit'.Nt'ntativc  y^ovrrnnicnts,  each  luanrli  of  tlio   Iryislalnrc  imv 
order  jnintc'tl  what  it  will;  Wnt  tin-  ordt'r  yivrs  no   sain-tion   touli;ii  is 
pi'intcd.     Last  winter,  lor  example,  the    <iertnan    l>iet   printed  nt  ih,. 
pnblie  eo.st,  that  the  (ieiinan  constitution   is  not  worth  the  papei  ii  is 
written   on.     Neithei'  Fremont    nor    i'renss   had  ever  tuvn 
within  many  hnndred  miles  of  the  straits  of  l-'nea,  and  in 
niont    himself  says,  "The  ]>art   of  the  map  which  exlnliiis 
Oreji'on  is  chielly  copied  from  the  works  of  (»theis."     The  Senate  ncMi 
saw  the  ma)i  as  (h'li\ cred  to  the  litho^riapher.     The  work  was  priiilni, 
not  ninler  the  r*'\  ision  of  ulVicers  of  the  Senate,  lint   S(»h'Iy   '•  sidtjeri  in 
the  revision  of  its  anlhor."      lixeept  lor  tin*  regions  whi<'h  he  had  liin 
self  explored.  I'Kiiiont    abandoned   the  drawin^L:  of  the  map  to  l'reii<i>. 


^.•nilt^  Mturfll'itH'- 

oUM    UiK  itint'iit.  Nil. 
Ul.     :ll)Ui   I'liitli'ax. 


I',  la.  I, 
It.  111. 


who  followed 


ol  her  ant  liorit  n-s. 


W  hile  Mr.   Pren.^ 


\V;|> 


eompilin.ii  his  map,  Mr.  r»anei(dt.  the  representati\e  ol 
<'onntry  in  London,  u  ith  full  anthority  iVom  the  President  and  Sr 
taiy  of  State  of  the  I  iiited  Sliites,  deli\ered  to  the  i'.rilish  (io\»iii 
meiit  in  the  clearest  words  the  dechiration  of  his  own  (loNcrnnienl  tii:ii 
the  honndary  liiu'  pas.ses  thron;^h  the  middle  of  th(>  llaro  eliaii 
.Vny  eii'oi' of  Mr.  Trenss  was  iheicfore  perfectly  harndess. 

.\nd    nnder   any    circumstances   what    anthority    conhi    attach    li 
dran;;ht   l»y  Mr.   I'renss.'     He   was  one  of  the  many  adxcidnrer: 
thron'i  to  the  liiited  Stale 


CIV- 


lir 


W  llii 


:i   M 


leclianic.  possess inj^'  no  scientilii'  cnlluic 
an<l  lioldi.^' hi.>  talent  as  a  n.  'ii^^lilsnian  at  the  comnmnd  of  an,\  wIm 
wonld  employ  him. 

Tin'  I'niicd  States  ai'c  nimlde  to  iidorm  the  Imperial  .\rl»ili'ator  u  l;;i; 
authority  .ser\«'d  as  a  jiuide  to  Mi-.  i'renss  when  he  drew  the  (he^dii 
l>onndary  to  snit  I'.ritish  pretensions.  Not  Mr.  Ilenton  ;  his  opiniiMi 
was  well  km>\vn.  Not  the  Senate,  which  is  the  only  pernninent  l)oii\ 
nnder  onr  ("(tnstitntion,  and  which,  in  the  twenty  li\«'  years  since  ih- 
ti'cat  V  was  m:ide.  h:i.s  inllexihh  maintained  the  ri<.:ht  of  the  Inili  1 


|i; 


States  to  the 


aro  Itonmlarv 


Not  Ml'.  I>nehanan,the  Seciel;ii\ 


»d'  State,  wlio.se  iiist  met  ions  on  tlic  llaro  as  the  honndary,  smih 
tioned  liy  the  rresideiit  and  his  cabinet,  date  from  the  year  in  w  hicli  tli( 
treaty  was  nnnle.  Neither  eonid  I'renss  have  i-opied  the  line  fn'iii 
printed  mateiial.s.  No  such  printed  materials  existed  at  that  time.  .\ 
wish  expressed  by  the  Ibitisli  ministei  at  W'ashiiijulon  slnmlx'red  in  tlir 
1  >epartment  ol  Slate,  and  was  known  onl\  to  tiie  I'lt-sident  ami  li;^ 
cal)inet. 

.Mr.  Treiiss  is  no  loni;t'r  li\in'.x  to  explain  by  whom  he  was  mi>!»<l. 
]Mr.  I'rcmoiil  remembers  that  Mr.  I'renss  had  amoii;;'  his  nniteriab  :i 
copy  of  a  manuscript  map  «»f  the  northwest  teriitoiy  by  the  Hudsniis 
I!ay  ("omi»any,  leccivcd  iVoiii  one  of  its  ollicers.  lie  this  as  it  may.  n  !> 
eiioii^ih  loi'  the  I'nited  States  tv>  ha\('  show  n  that  the  map  never  had  Mk 
sanction  of  any  branch  of  their  (ioveinment. 

Analo;i'His  mistakes  have,  been  maile  in  <"ireat  Ilritain,  and  ninlii 
wei;ihti(  r  antlnn-ity.  rendinji'  tin*  discussion  between  the  two  connliit  •^• 
Messrs.  .Malby  ^S:  Co.  of  l.(»ndon,  *•  mannfactnrers  and  pnblisln'rs  to  iIm' 
Society  for  the  DilVnsitni  of  L'sefnl  Knowledge,"  sent  out  a  lai';;c  ami 
spleinlid  ;tlobe,  on  which  they  assigned  to  the  I'nited  States  by  line  aii<t 
color  the  whole  northwestern  ti-rritory  np  to  the  latitucle  of  "li^  H)'. 

To  treat   ndstakes  like  tlu'St?  as  imi>oitant  is  unsniteU  to  nejjotiatieiis 


.-..i 


liKPF.V    OF    TIIR    UNITKD    STATKS. 


1211 


li(t\M't'M  '^\v,\t  powois.  TIm'  (Tiiit»Ml  States  <lo  not  t'oinplaiii  that  the  iiiai» 
(»(■  I'ri'iiss  is  prtMlmcd  l>y  II<*r  Majesty's (JovormiuMit,  for  the  pnxhietioii 
(if  it  is  a  ('oiifessioM  of  the  lechU'iiess  ot  the  IJritisli  Case.  They  iiii^ht 
coMiplaiii  that  Iler  IJiitaiiiii(!  Majesty's  (Jovenimeiit  did  not  state'  what 
il  Ii(»|it(l  to  |>rove  by  the:  map.  They  iiiij«ht  eoniphiiii  that  it  prodiieed 
the  laap  without  an  acUnowh-d^^nient  of  its  well-known  worthlcssness 
as  an  exposition  of  Anieiiean  opinion.  And  ahove  all  they  ini;;ht  eoin- 
jilaiii  of  the  iti'itish  (ioNernnient  for  snbniittin;^  theinap  to  the  Iniiieiial 

Ailtitrator  withoni  avowinji'  that  its  own  an-hives  contain  a  e(»ii- 
til      leaiporaneons,  rxplicit,  and  anthoritative  *d«'elaiatioii  from  t!ie 

American  (lONciiiment,  that  tiie  straits  of  Haid  are  the  honndaiy 
iliaiiiicl  of  til''  treaty  (»f  ISKI. 

li.-ur.i'LV  H)  Till;  AKiif.MiiMs  (.1'  Tin:  liwiiisn  la.si:. 


Ilavini;  thns  drawn  attention  to  the  eliaraclcr  of  the  paper  which  the 
(it»\crnment  of  Iler  iWilannic  Majesty  has  presented  as  itsCasc.  its  alle- 
gations in  snpport  of  its  pretensions  are  next  to  he  examined.  Tlu> 
ilovi'iiimeid  of  Iler  IJrilannic  Majesty  picsents  luit  (hu'  ar^nmcnt.  ami 
;liat  ar<;iMnent  has  two  branches.  The  l>ritlsh  (!o\ernmeMt  admits,  an<l 
I'veii  insists,  that  tlu'  channel  of  the  treaty  mnst  he  a  continnous  chan- 
nel Irom  till!  tbrty-ninth  parallel  to  the  straits  of  Kuca ;  and  il  ar;ines, 
ilist.  that  the  strait  which  is  now  calh'tl  Ifosariti,  Imt  which,  at  the 
liiiic  of  maUin;;"  the  treaty  of  ISK),  had  ••  no  dislin,nuishin,u-  name,"  must 
liavf  been  the  channel  contemplated  by  the  treaty,  Itecause  the  l»ritish. 
It  tiiat  time,  "  had  no  assnrancc  "  that  the  canal  de  JIaro  "  was  c\'en 
:iavi<j;able;"  ••  had  a  lirm  belief  that  it  was  a  dan.uerous  strait:"  ami, 
M'coiidly,  that  Fiieii  Straits  exten«l  from  (.'ape  I'lattery  to  Whidbey 
Maud.     In  discnssinj;  these  two  |)oints  their  order  will  be  reversed. 

first,  then,  tlo  the  straits  of  Fnca,  as  now  inetemled  by  (ireat 
liiitain,  leach  to  Whidbey  Island  .'  The  a  iswer  «lepends  in  part  on 
lie  (leliidtioii  of  the  word  ''  strait."  Iler  Majesty's  (rovernment  foryet 
iiat  thi!  word  api>lies  oidy  to  a  mirrow  "•  passaj^e  conneiitin;;  one  [lart 
'•f  a  sea  with  another."  Snch  is  a  lesson  tanyht  by  all  ;i('o;^raphers, 
vlicther  IJritish,  or  French,  or  American,  or  Gernnin.  As  soon  as  the 
sKUtheast  ca[)e  of  Vanconver  IslamI  is  passed,  the  vohime  of  water 
>l>r('a<ls  i'nto  a  broad  expanse,  tilled  with  numerous  islands,  and  becomes 
I  ;iiilf  or  bay,  but  is  no  lon^jer  a  strait. 

Neither  can  it  be  pretended  that  any  exception  takes  place  in  the 

jL'eo<iraj)hical  usajjo  of  the  name  "  straits  of  Fuca,"  as  employed 

l"i|      in  all  the  scientilic  explorations  an<l  mai)s  pre*vious  to  June, 

\SUi,     On  the  contrary,  the  i>retension  is  hazanled  in  the  face  of 

tliem  all. 

The  lirst  maj)  of  the  strait  is  by  the  jiilot  Lope/  de  Ilaro,  on  that  the 
'Month  of  the  so  called  strait  of  Kosario  is  named  lioca  de 
l'idaI};o,  and  the  water  to  tho  south  of  it  bears  the  name  of 
tlie  ^nlf  of  Santa  Kosa. 

The  map  of  Fllza,  iu  1701,  contines  the  name  of  the  straits  of  Juau  de 
Fiica  to  the  straits  that  separate  Vancouver  Island  on  the  ^^  ^  ^ 

^oiitli  from  the  continent;  and  that  otlicer  iu  his  report 
li'peats  the  name  of  the  i;ulf  of  Sauta  liosa  as  the  name  of  the  interior 
waters. 

The  exjdorers  iu  the  Sutil  and  Mexicaua,  alike  iu  the  Spanish  chart 
of  1703,  and  in  the  unip  ainiexed  to  the  ])ublication  of  their  .^^  ^  ^^ 

voyage  in  1S(H*,  call  the  straits  "  Eutrada,"  a  Spanish  word 
that  can  extend  to  no  more  than  an  eutrauce. 
9  D 


M  i|   J 


w 


130 


NOHTHWKsr    WAIKK    lUiL'SDAlfV    AKHITUArioX. 


M .(.  1 . 


Noxt  caiiM'  ^'iiiicouvrr.  :\\u]  tin*  y:n;if  iMitlmiify  of  (lie  Iliitisli  iiuvi-^MK 
o\<Mtliro\vs  lilt'  iiritisli  ;ir;inm(nt  in'.N«ni(l  room  Ini  ciisii;  id 
lir  not.  only.  liKf  iill  lii"*  pnMh'crssois,  ronlincs  tin-  n;nih- 
Straits  of  .luan  <!«'  I'nca  to  tlu'  |»aMsay:r  brtwtM'n  N'ancouvcr  Ishnnl  ,J 
tho  south  ami  t1u>  i'ontinrnt,  Itiit,  al^Uc  in  liis  nairativc  anil  on  jijs  iii;i|| 
I'xpii'ssiv  »listin;;uislM's  those  straits  lioni  "the  iiit('ii«»r  sea."  whicli  li([ 
with  ii\vi\\  sohMiniity,  nannd  tlu-  ;;nlf  of  (It'or^ia. 

Thf  map  ol    Ihillot  «l<'  MolVas.  ot    lS|t.  jmil  thai  of  Wilkes,  in  bi.i 
,,,i^  (•online  tlu' nanu' of  tlu'  straits  of  l"'nca  strictly  to  lliewattr 

'*'!'''■  tliat  really   form  a  strait   between   tln^  eontint'iit  .mil  tin 

southern  line  of  \aneouver  Islaml. 

The  uoxernment  of  Ilei-  ilritannie  Majesty  cannot  prcMluce  one  sin^ 

maj)  oltler  than  IS  It;  in  tiefcnsc  of  its  views 

The  common  use  ot   lanyna^ie  anion;;  tl-e  Uritish  in  \'ii!H'oii\(  r  stil 

\p,».n.ii  .%...«..  t'orres]»on»l>   with   the   nn<livi(hMl    testinH>ny  of  the    iiki|iJ 

(n'i<M.i<M.  lNinl)erton.    sin  \  eyor  ;;eneral    of   \'anc(Mi\er    Isliiiid,   in  ;i| 

work  pnhlisluMi  in  is«i(i.  wiites  tims  of  u      stran;i<'r  steaming',  \W 

\Hi\      the  tirst  time,  eiistward  into  the  stiaits  of  .luan  <le  l-'nca  :"  *"ihi 

his  riy;ht  h;iinl  is  \V;i.sliin;:ton  Territory;  on  liis  left  is  N'ancouvii^ 

]slan«l:  stiai;ilit  hefoie  him  is  the  ;.Milf  of  ( Jeor;,na.''' 

The  statement  of  ( 'ommandei-  Mayne   is,  if  possible,  still  more  |)iv 
\„pe«d,x  \,..M.  ^'i'***''     ^'1  <!"'  '"^Irait   of  .luan  de   l''iiea,  he  writes  in  llicsfi 
''"*  words:  *»  At  the  Kace  Islands  the  strait  may  be  said  to  teriiii 

nato,  as  it  there  o|)ens  onl  into  a  lar.iro  expanse  of  water."  Now  tlii' 
Itace  Islands,  or  IJace  Itocks,  alike  on  the  Ilritish  and  Ameiican  \u;\\>^. 
lie  to  the  southwest  of  the  channel  of  llaro.  On  the  point  in  tjiiestii)iii 
llicre  eould  be  n«)  better  authority  than  ("ommander  ]\Iayne,  aa  lie  is  a 
man  of  science,  and  was  employed  on  the  surveys  dmin;;"  the  period  in' 
A>hicli  ('ai)tain.  now  Admiral,  I'lcvost  and  Captain  Kichards  acted  a^ 
the  Mritisii  boundary  ("ommissioners. 

Ihit  to  refute  the  Ilritish  assumpti<ui.  we  nee<l  not  ,<;o  outsiih' of  tin' 
Ihilish  Case  itself.  On  pa;.;e  L'7  it  claims  the  chart  of  X'anconver  as  tli< 
chart  according  to  which  Her  .Majesty's  (iovcrnment  frame<l  the  \\y<' 
article  of  the  tieaty,  and  then  most  correctly  says :  ••Tlic 
Jiaine  of  the  ^nilfof  Ceoi^^ia  is  assi;,nied  on  that  chart  to  tin 
whole  of  the  interior  st'a." 

Thus  this  branch  of  the  arv;ument  ofb'red  by  the  Ibitish  (loveriMiioiit 
is  in  llat  contradiction  to  the  proper  use  of  lan^uaye,  to  nature,  to  ilif 
concurrent  testimony  of  every  competent  witness,  and  is  ;;iven  up  lielmi 
the  end  of  the  very  jiaper  in  which  it  is  i»resented. 

AVe  now  come  to  the  other  blanch  of  the  Ilritish  ar^tiinenl  :  that  pri"i 
\p,,.T„i„  s..>  .VI.  to  I'Slti  there  was  no  assurance  that  the  canal  de  llaro  w;^ 
..4.j4,6r,j«,6i.      even  navi;;able.     That  channel  is  now  universally  ackimwl 
ed^'ed  tobe  the  best  ami  most  convenient  for  the  Ilritish.     It  forms  llif 
only  line  of  communication  rc^nilarlx  used  by  theai.     The  mail  steaiiu-i.^ 
take  only  that  rtmte.  It  is  the  lu-oadest,  it  is  the  deepest,  it  is  tin;  shortest 
passajje ;  and  ho  it  is  the  only  one  used  by  the  yfovernment,  the  tratk'is. 
the  immigrants,  and  inliabitants  of  lliitish  ('olumbia.     It  becaiiH' 
1 17 1      the  exeluMive  cliannel  as  soon  as  ;.;old  huntin;^  *lured  a<lventiin  r- 
U,  that  region,  and  the  navigation  of  those  waters  was  no  loiiirn 
eonftned  to  tlie  vessels  <u)asting  from  one  to   anotluu'  of  the  trading: 
])osts  of  the!  llud.son's  IJay  Comijany.    Its  superiority  appears  alike  from 
the  chart  of  the  British  Admiralty  and  of  the  American  ('oast  Survcv 
A  map  i.s  annexed  exhibiting  in  several  cross-sections  tbc 
relative  dei)ths  of  its  channel. 
The  plea  of  ignorauce  ou  the  i>art  of  the  British  up  to  1810   is  irrelo 


lin'-t^h  in*^.  i>  : 


M:ipM. 


N. 


IIk'  iiiiiiit' 

«'!•  Isl.iihl  ,^ 
I  oil  Ills  ni;l|| 
•  •"■  Nvliiclih« 

llvt's.  ill  isi.-j 

lO   tilt'  Wlllfl 
cut    .111(1    till 


t'<^  one  siii;;l( 
icoiivcr  still 

'"     tllC      llliljis] 

IsIiumI.   ill 

tJ'illllili;,',  toll 

'ikm:"  •"oJ 
s  N'aiicouvi'ij 

II  more  proj 
tcs  ill  ilicst'l 
iii<l  to  tcriiii 
•"     Now  the 
'riciui  iiiii|i\] 

'  ill  qiM'Stiiill 

',  iis  he  is  a 
he  |)<M-i()(l  ill 
lis  iictt'd  :bi 

itsido  of  till' 
mvcr  as  tin 
umI  tln'  tirs; 
<n ys  :  ••  The 
■liiirt  to  the 

lovcnunoiit 
tiiro,  to  rill' 
II  up  IkMoi'i 

:  that  prior 
«'  I  faro  \vii> 
l.v  ackiitiwl 
t  Ibrms  tlif 
lil  sfcaiiu'is 
ho  shortest 
he  trailers. 
It  bccaiiu' 
<lventiii'oi'> 
s  no  loii^jci 
10  tradiiij:" 
aliko  from 
Lst  Survey, 
ctiou.s  till' 


n 


AH  JO    STRAIT 


ir, 


I^Il 


5    ia  irrele- 


A    »    \  s  <  o  V  V  I-;  II 


|0 


ThvUfi  IkUiiiI 


■\ 


■"J 

:::5 


^  ..fc=^' "■'-? 


A  (tiliiino  Ifiliti 


lit  i4  !iiUnfl 

A- 

v./ 


a  r  L  r     or      aijoinuj 


V 


CROSS    SIM'TIOX     <>.\     Tlir:      l*A!i 


s.\.\('i>r\"KH  '." 


:i    v 


un  o  I  I* 


<•  A  JV  A  L       n  !■:      H  .1  H  o 


IM 


-  / 


>  V 


citoss   sr:rTio\    o\    Tin:    p\f?\ 


viNrdrvKn   ISLAM) 


Urlf>t-:\  Sit/nrt     iiiul 


tlrlttitri  .iKfxrt     una  ^         (r 


S\\     ,U'\N     ISI.ANO 

S  if  A  W  S     US  ' 


-/ 


V 


w 


\ 


»'ii(>s.s    .sKn'iON    o.v     riri:    ivvrvi 


latriiHi*  .. 


V  A  N  ('  O  r  V  K  R      I  S  L  A  N  1) 


OiwwvflT  I* 


N  .HAA'  ISI.ANU 


.Haloai  Hunk 


.Iriililll 


(MOSS     SIH'TIOX     OX     TflF      PUt/ 

Sciil*'    of    SlMtuh'    Mih'N 


liT^'"Pt  -P-v-  -P^- 


..  ,J 


■IMWIMBWilMIIMIIIililillll 


o  m:/.! 


IM  HaheiiM 


M       A 


I       \  1. 

»JMl  A  H  MOO    IJA  Y 


>\    rnr:    pahallkl    of   jh<7 


fitlianii 


4 


W  ii       tl  A  tt  U 


SVI'W   <iH<lll> 


Tin:    iMuu.Lri.    of    ^  t,^ 


M  A  I  .\  I  V  V  I) 


BELl.l!rOBAX  HAY 


OiiriurN  V 


MA  1  \ 


I.  .\  x  u 


--^ 


itjj;. 


, 


fjllMllU 


n 


a       fstHviNt 


r»fi:      PAHAI.LKr.      of     M»;{.V 

»■  IKI..\.N1» 


M   A    I     .\  L    A    .\    I) 


i>         IdttlHMIR 


TflF      IVUIAI.LFL      OF     I «    2,'J 


i»r    Slaluti'    MilvN 


\,!Ilt. 


'V^ 


Ki.i'i.v  OK  Tin:  r.MTi;i)  .stati;s. 


l.il 


\,!iil.  Tilt'  treaty  does  not  «l«'si;iii;U('  tlic  <liiimu'l  wliicli  was  or  wmm  not 
iiiKst  ill  use,  hut  llic  fliaiiiicl  wliicli  st'paialcs  llic  (Mtiit incut  iVoiii  \'aii- 
((.ii\''r. 

ill  Mcyotiatiiijj:  tli(>  {n>aty  iicitlirr  side  liail  in  view  tlic  tracks  of  tlic 
lew  luriiicr  I'lir  tradi'is  wlittsc  comsi'  was  iiin  ;  Init.  the  ;;i<'at  rlniniicN 
i,iii\  iticd  l>v  nature  fur  future  eoninieree.  Ainerieaii  statesmen  otliciallv 
i.iivtdlil  at  tlie  time  to  the  P.ritish  iie;^olialors  that,  under  American  aus- 
]ii('fs,  tldurishin^ coiiimonweallhs,  siieli  as  we  now  sec  in  Calilnriiia  and 
(hcunii.  would  ris«'  iij)  i»ii  the  Pacilie. 

Till'  plea  of  liOrd  Ahcidecirs  i;in(>ranee  of  the  Ilai'o  waters  rests  not 
nil  aii.vtliin;;  real  and  taiij,'il>h'  which  can  he  iincsii^^atcd,  hut  on  some- 
iliiiii:  purely  ideal  :  on  an  unsjiokcn,  unwritten  opinion  atl rihiited  to  him. 
It  \\;is  not  set  up  till  alter  I  he  death  ctl'  Sir  Iftihcil  I'eel,  who  professed 
Id  iiii(l(>rslaiid  '^  tiie  local  conformation  of  ihat  country/'  and  explained 
il  to  the  House  (tj'  (onimoiis;  nor  till  after  Lord  Aherdeeii  in  IS,".,")  had 
linallv  retired  into  private  life.  Il  is  not  pretended  Ity  any  one  that  the 
iipiiiiiin  was  well  founded  ;  and  as  it  is  ei'roiieous  in  itself,  and  inner ob- 
l;iiiitM|  the  sanction  either  of  Sii'  IJoliert  Peel  or  of  l,ord  Alierdeeii,  it 
imis;  he  classt'd  amoii^i'  the  dreams  I  hat  i-ome  from  the  realm  of  shades 
tliriiii;:li  the  i\<»ry  ;4ate. 

Miucover,  the  atteniitui  of  liord  Aberdet'ii,  two  days  before  he  scut 
(iiii  'lie  tn'aty  to  Mr.   rakeiiham,  was  specially  called  to  the  islands  ol 
lilt'  llaio  Archipelago.     On  the   l."»ih  of  .May,   lsp»,  he  detinitix  cly  as 
Milted,  as   Mr.  Macl.aiie  understood  him,  to  the  llaro  «liamiel   as  the 
lioiindarx.     On  the    Hitli,  Sir  dohn    I'elly,  then   yovernoi-  of  the 
(hs       lliidsiiirs  l>;i\  ('om*paiiN,  the  saiiu'  who  boasted  that  that  com 
paiiy  had  "  eirmpelled  "  tlie  Americans  to  withdraw  from  the  fur- 
tn<<li'.  waited  upon  Lord  .Vbcrdceii  with  map  in  hand,  pointed  (Uit  to  hiuL 
tile  ;:ioup  of  islands,  wholly  on  the  south  (»f  the  ,»,i,.!llel  of    a^,,..,,  >,  c. 
lit  .anil  (U'sj-ribed  in  distin«'i  and  unequivocal  laiijiiuane,  as  '  '""• 
Well  ••as<'olori'd  red,"  "the  water  demaikati»m  liiu'"  which  woiihl  secure 
f'\er\  one  of  tln'  llaro  islands.     Lord   Aberdeen,  after  haviii;^-  his  mind 
tliiis  closely  and  exact  I  \  draw  n  to  the  posit  ion  of  those  islands,  like  ••  the 
Miai^ilit forward  man"  ot' honor  the  I  ni'cd  Slates  took  him  for,  rejected 
the  ••  e\pli(  it  "  ad\ice  'Aliich    W(»iild.  indeed,  have   prevented   the  con 
fiiiiiiiiation  »  f  the  treaty  ;  and,  in  his  insnuetitais  and  in  his  dr.iu;;ht  ol 
til"  treaty,  stipulated  mily  for  tlu'  chanm'l,  "  leaving;  the  w  hole  of  N'an- 
<nii\ei's  Island  ill  the  possession  of  <lreal  Ibitain." 

I  intlier,  this  plea  ot'  i;^noranee  in  ispi  that  tliechamiel  ol  II. no  was 
ii.i\i;,'ahle,  is  in  itself  absurd.  l"or  what  is  a  channel?  canal.'  I'ahr- 
vasser?  Se«';fat  .'     .\  chaiiiu'l  me. ins  the  depest  part  of  a  river,  or  bay, 

<  le  the  main  curr"iit  flows.  'I'he  word  is  never  used  excepi  ol'  water 
I'-ii  is  iiavi;;altle.  (ieo;4ra|)hies  are  lull  ol  the  names  of  channels,  and 
li«'  maps  of  lair(»pe  and  .\sia  ar*'  studded  with  them:  and  whoever 
^•'tore  tli4>u<'hi  of  den\  in-r  aii\  one  of  them  to  be  navigable  .'  The  prestMit 
>iiti>li  siiyj,'csiiiiii  is  without  precedent.     'I'o  say  that  the  canal  de  llaro 

^  ii"tkii)wn  to  be  iia\  i;i;able  is  ttt  say  that  the  canal  de  llaro  was  not 
'">     '^Mi  to  be  the  -MMiial   tie  llaro," 

is  ver\  iinlacky  for  the  ( lo\ crnmeiit  of  Her  Uritannic  ;\la|esty  that 
i'  pleaof  »;;(ioranee  relates  to  t he  w at«Ms  inside  of  l-'iica  straits.  The 
•'  'liiiiiinf.(  of  the  fur  trade  ;  the  .Spanish  JealotisN  of  Itiissian  encroaen- 
1  "Is  down  the  racitie  coast  ;  tlu' liiijjferili;;  hope  of  dis.'overiii;iailorth 
^*'-i  passage;  t'lc  llritish  de- oeof  lindiiij;' water  ('(unmunn-atioii  from 
tl  I'aeillc  to  the  ^Mvat  lakes;  the  French  passion  for  knowled;re;  the 
!»i>liey  of  .\meri<-aiis  t(>  investi^at*'.  their  outl\  mu  [)ossessi«)ns;  all 


(1 


coimpin  »l  locauiie  more 'requenlund  more  tlioioiighexiiininii'tions 


132 


NoinilWKST    WATKK    n(>UNI»AK'V    AUKITIJATION'. 


ottlicso  Wiitcrs,  even  lu-lon  ISKi,  than  oi'  any  similarly  sitiiat«'(l  waters 
in  any  part  «>t'  tlir  ^'IdWr. 

Tx-torc  that  epoch,  the  watcis  j'ast  and  sonth  (tf  \'aii('on\cr  Islainl  Imd 
hccn  visited  l»y  at  least  six  seientifM'  expetlitions,  from  Ibnr  se\er;i!  m 
ti(»ns:  three  I'lom  Spain,  one  Iron:  (ireat  I'.ritain,  one  Irom  I'laiier.  ;uiii 
one  I'rom  the  I'nited  States:  and  the  diseo\eries  of  all  tlie  lour  nai 


iiiih 


had  been  laid  before  the  world. 


De  Ilaro.  of  till'  S|ianisli  exploring;  ]iait\  of  ITS'.I,  «lise<»\ered.  ainl 
partly  sminded  and  sur\eye(l,  the  one  br(»ad  and  inxitinji' channel  wlr,  n 
then  scenicfl.  not  merely  the  best,  but  the  only  aviMine  by  watei'  to  tli. 
north  .  and  he  hit  upon   il  his  name. 

The  ollicial  rejtorts  of  the  «'Xpedilion  ot'  l.ienlcnant  de  Ml; /.a.  in  1/M. 
and  the  lar;;e  ami  eAcellent  map  which  accompanied  hisiiai 
iati\f.  |iro\e  that  on  the  ."Usl  day  of  Ma\,  17!M,  an  aii 


\{'tw-ui]il  No.  t:*.j 


IK  il 
l)l|l 


boat  was  ordered  to  enter  and  »ni\ey  the  canal  of  Lopez  de  Ilaro 
the  .survey  was  interrupted   by  the  hostile  appearance  of  six  Indiaini 
noes,  tilled  by  more  than  a  hundred  wairiors.  On  the  1  Ith  day  of  ,bii,.. 
the  exploration  ol  the  canal  de  !  laro  w 


as  icsumed.  and  was  ('(Mit inuc 


II  Hi 


the  wlu»!e  line  of  the  canal    de  Ilaro   w,is  tiaccd  from  i'uea's  strail-  'i 
its  continuation  in  the  ;^reat  u|)per  channel. 


r.ut  the  Imperial  Aibitiator   may  ask   if  these  (li>co\eiM 


s     were  pii 


lished  to  the  world;  and  the  Iniled  States  answer  thai  they  were|iiili 
lished  bclbie  llie  end  of  t he  eel  t ury,  bot h  in  Spain  and  in  i'.iiulaml.  I' 
IT'.L'  the  ."Spanish  \essels  Sutil   and  .Mexicana,  commanded  by  ('a|itaiii> 


i/ii, 


nil 


A|(M'iiil(i    lo     M 


(ialiano  and  \'aldes,  takin;:'  w  th  them  the  map  ot   Iaeut<>nant  de  I! 
\«'rilied  and  completed  the  exeloralion  ol'  the  inteiior  waters,     'flu 
suits  of  the  three  Spanish  expedji  i,,ns  were  published  ollicially  1»\  Sh 
in  I7l>.".  in  an  elabiualcK  pn'|>ar.d  (hail    lor   niarinei>.  ci 

^I  III  1  •       I  I 

which  a  litho<:raphed  )  opy  accompanies  tliiM  reply. 
The  map  of  101  i /a  was  also  coinniunicated  to  N'aiieouxcr  in  ITui', 
(UOJ       at  the  lime  wiieu  lie  met  (laliaiioaiid  N'aldes,  in  lli»'  'water>  c;iM 
of  Vancouver  Island.     Thus  Captain  N'aneoiiver  ix-came  ei|ii  ill\ 
well  aw  are  of  the  sii|»eiioi  iiy  ol  the  channel  of  Ilaro.     Thai  he  put  liii> 

in  the  commiini<'alii  ns  made  to  him   by  the  Spaniards,  i 
Nirwiipii    pioved  beyond  a  doubt,  for  he  incoipoiated  them  into  ii> 

map.     The  diseoxeries  of  the  Spaniards,  enriched  by  add 
tional  surveys  of  \aiicou\('r  himself,  were  published  in  (Ireat  Ibitaini' 
17t*S.  ill  C(miiection  with  his  \o_\aji('.      Ileloie  the  end  of  the  ei;ilitciii!:, 
coiitiiry,  thert'fore,  tlit^  relati\e  importance  ol' the  channels  in  the  wan  i< 
east  ')f  \'aiic(Ui\«'r  Island  was  known  lo  e\eiy  «)iie  who  eaicd  to  ini|iiii 
about  it,  and  w  ho  could  ^ain  access  either  to   llie  chart    publish)  d 
<'adiz,  «»r  to  the  a«'eount  of  \  aiieoiivoi's  voyage  which  was   issued  la 
London.     Ilei  Majesty's  (iovernment       'ins  certainly  to  ha\ebeen  i 
possession  ol  the  surveys  of  Captains  h.  (laliano  and  ('.  \'aldes,  lei  > 
thi'  first  chart  drawji  by  tin*  Itiitish  Admiralty  of  \aiie(m\t'r  Island  mi 
the  (inll  of  Cieor^'ia,  and  publi.du'd  in  l'el»ruary,  IM!),  they  are  eitciii^ 
eoual   in   authority   to  the  eliait   of  \  .tueouv(>r,   and   .is  eipialls 


kuowE. 


Apprnriii    li.    Mr 


A*^U)  the  vvsmU  of  tH*>  V'reneh  explorations,    Mullni 
MutRiH,  in  hiH  v^ock  p^^^»^'N^| -d  ill  ISll,  reports: 


■      iMj'i  11  la  jiaitie  i;>t  i\v  la  ^ramif  il' 
1..  iiiuIk'''  li'N  a'ais  mun  ()a"fllrs  (»iritiii  i 
iidts  il!llifitll('H.     !,<•  iiuhsagf  It' |tliiN  (jinli    ■ 
a  '•(  ViiMCtiiiviT   -t  *->\\"  Of  Sail  .luaii. 


'PstiM  r«'»jnn>'  '|iii  M'tciai  lit-  l;i  • 
t/iiadm.  il  fxi»i«-  uiic  tuiiii-  iji   |mi 
iiuvires,  |ii<  Nciiii'iit   i  la  iiavigath 
jMir  !<•  <«iiiil  <!»■  Ilarii.  mtn'  \')\>-  ■       ,•: 

In  tlu'  »i)inrf  I'l'twci-ri  tiir  coiiImm  lit  imhI  flu-  «'hmI«tii  )tail  of  tin*  l«i;;i'  iMlaml  of  t^' 
dia,  tttt-n  i»  a  niiiltitiiui'  uI'muuII  i>iuut\H,  witich,  in  '<pii<  ol  tin-  nniv  >lu'll(rN  tliat 


KKPLV    OF    Tin:    I  NlTKl)     iTATES 


13:3 


,,l|ci-  ii'  >liil>s,   )iiTM'iit     t;if;it    (litliciillii's  to    iiavi^tiif inn.     TIic  iiii)st  i-asy   pji 


.siini' 


tliiitii^ 


llic  cjiiial  ill'  llaro,   ImIwccii  llic  inland  of  (Quadra  and  N'ancoiivi  r  and  tliut  oi' 


Siiii  .liian. 


TIm'  tcsti.noiiy  of  Diiflot  <1(>  Mofiiis  is  cloar  iiinl  iiiiO(|iii vocal.  It  is 
iiii|i;uli:il,  ami  it  is  aiitlioritati\t',  as  it  orcnrs  in  a  loiiiial  it'iiurr  to  liis 

sovnci^i'ii. 
jlj         M'oimnod.trr  W'ilki's  liiiiiscll',  in  isn,nia(h'  all  tlic  surveys  and 
-iouiuliii;4s  that  vmtc  ii<Mt'ssai>  I'oi'  tin*  sate  iiavij^ation  of  tiic  Ilaio 
ili.iiiiitl.  ami,  ill  1S|."»,  |tiii»Iisli('(l  ollicially,  holli  in  Loiidoii  ami  America. 
tli:it  lie  had  dom'  so. 

The  Atncricaii  advent nrci's  who  eollecled  I'nis  in  those  watei's  for  the 
iradt'  uith  China  knew  the  relatixe  \aiiie  (»f  tlie  two  channels.  At 
I'.ostoii,  in  lSir»,  Mr.  Stiiryis,  the  j;reat  representative  of  that  class,  de- 
>(iil)es  the  llaro  cliaiinel  correctl\  as  the  nortiiernmost  navii:;able  chati 
iicl.  and  draws  the  boundary  line  throu;:h  the  center  of  its  waters.  Ami 
111-,  paiiiphlet  and  his  map  were  km»wn  and  approx'ed  by  Lord  Aberdeen 
lit'lore  the  treaty  was  framed. 

riiiis  in  Cadi/,  in  Taris,  in  IMiiladelpliia,  in  r.oston.  ami  in  London, 
llic  cliaiaeter  of  th"  Ilaroc'.iannel  ha<l  bet'ii  pnlilicly  made  known  bel'ore 
tlif  end  of  ISI."). 

The  I'.ritish  claim  that  the  Iliidson's  I'.ay  <'oini>any  navi;,'ale(l  those 
walci's  from  ISi'T  or  ISl'S  ti  ISin.  Is  it  credii)U'  that  for  nineteen  years 
ilii'v  >ilionld  have  sailed  a  distance  of  six  (ierman  miles,  and,  at  the  end 
(il  lliat  time,  be  able  t(»  atlirm  that  they  were  i;4:m>rant  of  the:  most 
(ili\i(»Ms,  broadest,  shortest.  n«'arest.and  best  channel  to  l-'raser's  liiver  .' 
I  nlcss  they  took  the  channel  of  llaro,  they  must  hav»^  passi'd  it  twice 
(III  every  voyap*,  and  a  sailor,  from  the  masthead  of  a  vessel,  or  oven 
!ii>in  the  deck,  could  have  .seen  it  in  all  or  nearly  all  its  extent. 

(li)\('riior  Doii^^las,  one  of  the  most  entcrprisino-  mid  in<juisitive  ol 
iiii'ii,  famous  f(U'  his  "intimat*'  a<'<piaiiitance  with  every 
tn'\  ice  on  the  coast,"  came  in  ispj,  with  the  know  h'dji'e  and 
iipinoval  of  li(U(l  Abcidei-n,  to  scle<'t  the  stati«ui  for  the  ]Iuds(tn's  ]>a\ 
('nnii>any  near  the  southeast  of  \'an«'ou\-e)'.  l-'rom  the  hill  that  bear> 
iiis  i.aiiie,  his  eye  could  ha\e  (•ommanded  the  whole  ot'  tlu'  canal  dc 
llant,  and  his  experience  <»f  the  sea  wouM  have  revealed  to  him  at  a 
;;laiice  the  o-rcat  depth  of  its  waters.  .Moreover,  in  a  -^'ood  boat,  with  a 
I'avoriii;;  wind  and  tide,  he  could  base  pas.sed  tliiou;,di  the  whole 
|--j  channel  *  in  less  than  three  hours.  To  say  that  he  was  not 
tl;va'ou;ilily  well  aware  of"  its  merits  is,  to  those  who  know  the 
'liiiracttM' of  the  man,  beyond  the  iKuinds  of  credibility. 

Tlic  Ibitish  <lo\eriinicnt  has  not  produced  one  paiticle  of  evidence  of 
iiii  nidei'  date  than  lM»i,  that  any  one  (piestioiied  the  na\  inability  oi'  tin 
Hill. I  channel,  while  all  the  evitlenc*'  which  the  American  (Jovertuneiit 
li.is  tliiis  tar  produced  to  establish  it,  is  (»lder  than  the  treaty,  is  sup 
l><»rted  by  the  testimony  of  four  ditVei'ent  nations,  and  proxes  ))ey<>ndall 
I'Hssihility  of  doubt,  that  befoic  the  treaty  of  isp;  the  -jiperioiity  ot 
the  v',\ua\  i\v  llaro  was  known  b;.  ai!  who  cared  to  knov*  iUiytliing  on 
llic  sul)je<'t. 

file  testimony  which  Her  Ibitannic  Majesty's  jjovernment  of  to  da\ 
hriiifis  forward  to  pn>ve  tlu'  ij;m>i'ance  of  its  predet-essors  is  Ibiiml  to  be 
the  move  },n-oumlIess  the  nnire  it  is  evamiiied.  It  woidd  be  ditlicult  to 
f^tate  too  stroiijily  the  objections  which  any  Ibitish  'Oiirt  of  law  would 
iHiike  ttMt.  The* declarations  are  taken  by  the  one  party  without  notice 
'<•  Hie  otluT,  The  distiufjuislu'd  otllecis  of  the  llud.s(»n*s  I'.a.v  Company. 
"icM  like  Ciovi'inor  Dou^das,  are  passed  by:  lor  they  could  not  be  e\ 
iK'cted  to  stultify  themselveH  by  pleatliuj.,'   i;;uoraiice  of  the   merits  Of 


Mm--  1.«.  N  > 
I     l"l    I    I'.'  II 


131 


NOUTIIWKST    WAIKi;    l.t  »r\l  lAKV    A  KIHI'I^Al  In.' 


ll;int  chamicl.  (Hisciiic  int'll  \u-;\v  |M>sili\c  fotilllollV  !•»  lllitt  ;ilii)ii' 
wliicli  liny  kiM'W  notliiii;;:.  A  sc!  mT  w  littcii  (iiicstidiis  is  prcsciitnl  tu 
flicm,  ami  in  dilVcjfiit  iilaccs,  iiiid  o.i  (iillcniil  tlavs.  Ilu-y  answer  in  Im;.;,. 
;iart  in  tlu'  sanii'  WdiMs.  iiii|il\  in;,  that  aiiswris.  as  w  ell  as  (niotiniH. 
■wnt  \n{'\K\vvd  lu'lttrriiainl.  Tlic  tt  stiiiioiiv  llnis  picUctI  up  is  (»r  tlir  \r^. 
\alii(',  as  tlio  witiM'ssi's  w«'rr  not  cioss  cxainincfi ;  ami  v«'(.  w  itluaii  iiiin^ 
conlrontcil  oi- ciosscxainint'd.  they  invohf  tlM'inschcs  in  coiitiailictiiin^ 
il'  not  in  talstlioods. 

The  (|H('sti(>iis  art'  tVanicd  so  as  to  seem  to   l»i'  to   tin-   point,  anil  \i 
most  <il'  tln-m  art-  of  no  >i;inilicann'. 

WilUaiu    II.    McNeill   pictemls    to    lia\f    nx-d    \'ancon\  ci's    cliaib 


ilcnifh   C'hx-   im 


not   knowiii.u'    tliat    '.  antoiuci     made   no    chails    evcept  ib 
'"  '"  an    ilhistration  of   his   own   \o\a;it'.     Then  he  alliiins  tlm- 

[U'lj  •in  coMiinu  sonlh  from  I'rasci's  ll'wry  he  wnd  thron-h  Ko>iiiin 
straits;  wiiilc  the  K'osaiio  straits  on  N'am'oiiver's  map  lie  fai  t(i 
tlio  north  of  Frasi-r's  KiNcr.  A^iain,  lu^  says  thai  the  navi;;atioii  m 
llaro  straits  is  mn<'h  impedt-d  lt>  niinn-roiis  small  islands  and  rot  ks; 
wheicas  It  nuiy  be  seen  ]•>  the  (harts  o(  ;Iie  Uritisli  Atlnuralty,  as  well 
as  those  of  tlie  I'nited  States  Coast  Survey,  that  the  ehaiinel  is  hnud 
anti  sin,t;ularl,\  deep,  ami  where  the  litittttm  is  marked  rtteUy,  the  soiiinl 
iiijis  show  atleptli  ot'  iliifc  Ininthtil.  six  hnntlied,  antl  e\en  a  lht»n>,iiii 
ftet.  The  same  man  puts  his  name  ttt  the  >tatement  that  what  he  i';il!> 
the    strait    »»f  U'osariti    was    tin     onl\    -iir\e\etl    channel;    whereas  iln 


'•:i 


nal    de    ll.iro   had  heeu  ,snr\  tyetl  both  Ity  Spanish  antl  Amerieai 


I  f\ 


.l.Hh  <■»»«■    I',  .'il. 


peditions. 

William  -Mdehell  testilies  twiee  o\ei  tlnit  the  so-ealletl  lo»sario  >i:,ii' 
was  tln>  only  Ixintwn  channel;  while  the  chanind  of  li.ii> 
appears  on  the  S|)anish  chart,  «m  the  I''reneh,  on  the  Aimr 
ican.  ami  i>  ^i\en  by  \'ancoii\ci'  himself.  Tin-  same  \\  illiam  Mililid 
lestilies.  like  McNeill,  and  etpially  falsely,  that  in  .lane,  isiti.  ;'■ 
>traits  of  ljt»sarn»,  so  called,  wfH'  the  tinl\  snr\f_\ed  chanml. 

lint    Alexamlei-  ( '.  Amieison  exceeds  otlnTs  in  alacrity,     lie  testiiii- 


ilnliih  Chv    I     •! 


1,  |.  '■•"'  ^'      ' 


that  as  late  as  is.'d  the  passa^i'e  thrt»n;;h  the  llaro  >!i;i' 
Avas  incompletely  kimwn.  Nt)w  the  lai>;i'  charts  prepaii! 
It>  Wilkes  ami  Ins  ollicers  hatl  been  liascxcial  years  exposetl  for  sili 
ft»  aiiybod\  th;t  clntse  ti»  bay  them,  antl  it  is  abstiliitcly  certain  i!i.i 
they  were  pr*'senled  iv  the  Ann-rican  minister  at  I.omlon  Iti  LtntI  I'li 
merstiMi,  r.iiti>h  Secretary  t»f  Slate  lt»r  l'oreij;n  AlVairs,  ;iii'i 
l>\  him  IhanklnllN  ackm»w  le(lj>'ed,  in  lhe.\ear  IS|S;  s»j  thii 
thn  (ln>-.>r!nnent  t»f  lier  r.ntannic  Majesty  happily  ptissesses  the  Hit  ih 
of  <'orre<'t!n^  iIk-  rash  tieclaiations  ol  the  last  nametl  witness. 

TheAmeritan  (lovernmeiit  «'annol  oiler  the  rebutlinj;  teslinntii\  i" 
.\meriean  maimers.  I'o!  their  fur  tiatle  tm  the  iioilhwcsi  coast. hatl  1'" 
Itroivcn  lip  by  the  luitish  beltne  IsIO,  and  when  at  a  latei  <i.i 
f-4|  they  atlemptetl  ttt  renew  it,  they  *hat|  been  forcibly  ctmipt  llc'l  - 
the  ollicers  and  servants  of  the  llinlsoirs  Hay  ("tmipan\  tt»  ^i^ 
lip  the  tichl.  The  American  saihas,  tlnreltire,  wlm  were  familiar  ^\:li 
those  rej;io!i>  ha\e  Itiny  since  K<'ne  tti  sluinbt-r  with  their  fathers, 

lint  the  lliiiisli  (ase  enables  the  American  ilovernment  t«>  cite  tli 
lo;,' bttoks  of  the  llmlstm's  T.ay  ( 'tnnpany.  It  m»\shere  ventures  to '^;i 
ihat  the  lo;;  (Kd\s  of  the  \  essels  ot  the  llin'son's  IJay  ( 'timpany  pii'\' 
that  ihe.N  m\»i  went  thmn^h  the  llartt  t  hannel,  but  tuil 
that  the\  used  the  so  t-alled  Ijosario  htraits  as  the  "le:nlii 
(  U.iliiM-l."  This  is  a  «Mmlession  that  the  It);;  books  t>f  thtise  \  t-ssels  slm 
tlut  sometimes  one  elmnnel  was  sised   bv  them,  sonn'times  the  other 


I    t,.h  (;«•!- 


Il>'li>b    •'» 


It  is  atlmitted  by  the  Ibitish  ('as«'  that  in  tS|.{  the  CatllMM 
sailet'    throii;4h    llaro  straits    ami   that  tmce,  at  least.  '' 


K'l'.l'I.V    nr    riii;    l\|)i;i.   siatk 


\. 


>;> 


llii(|siiii"s  l'»;iy  ( 'oiiipiiiis's  stciiMHT  l'.<'ii\<'r  cliosr  Ww  >;tiiif  uniif.     Toiii- 

iiiiiM<lcr  Miiviu'  ii<liiiits  tliiit  wild  I  tlic  1 1 1  Ills*  Ill's  li;iy  ( 'oiiipaiiN 

...tillilislt.'d     flicir     lir;i(|t|li;il  Icrs    ;il     \ir|nli;i.    tlic    r;ilinl    dc    n'MmUVoilimi.'!!' 

lliIKi    liccillllc    \\S{'{\.      Ill    cm  Kilxiliil  lull    (tf    this    list'   ol    tlic    '  ■" 

,li;iiiiiil  (tC  Iliiiti,  t'S|M'('i;illy  IVoiii  tlii*  Nfiii    ls|L'  to  ISMI,  sninc  ;it1'ulavits 

iiul  statciiiciits  iiw  ol1ri«'(l,  «'i»ii('(t  inn  tlic  ti'stiinony  t'oii- 

aiiicii  ill  tilt'  I'.rili>li  Case,  and  (•(•iiliiinin;^' tacts  wliicli  tlic  •.» 


<ii. 


>  'M.  m 


lliitiNli  Case  it  self  ad  III  its.  |''ioiii  the  want  id  time,  no  iiuticc 
.mild  he  ;;iv<Mi  to  llie  oilier  pai'ty  ;  l»Mt  aiiioii,LC  t!u«  witnesses  will  lie 
iiiiiinl  some  (d"  flii'  highest  ollicers  in  the  Army  and  Na\>  (tf  tin-  I'niled 
Stale,  as  well  as  men  Uiiowii  by  their  works  to  the  scientilic  world. 

It  is  a  remarkalde  tdiaraeteristic  of  the  iJrilish  Case,  that  v^liih'  it 
Mciiis  lo  make  assertions  in  lan^iiiai^f  of  the  most  eiier;;etic  anirinatioii. 
I  ([iiidilies  them  so  as  to  make  them  really  insi^nilicatit.  1 1  mi;^lit  almost 
II'  .siiid  that  the  ISrilisli  ( 'ase  ^ives  up  its  ow  ii  theory  id'  the  i;^noraiice  of 
IjihI  Alu'idcen  as  to  t  lie  chaiaetci'  of  I  he  llaio  channel ;  for  it  afi'.rms,  not 
liat  lie  was  ignorant  aixml  its  iia\  i;;al>ility,  Itiit  that  he  ••had  no  assiir- 
.iiici'   that    it    was   e\en    naxiijable    in   its    upper   wati'rs." 


N 


o  assiiraiiee      is  a  very  vaj,Mie  expression  ;  so  is 


L'.l]      •  the  phrase  »•  iiiiper  waters;"  and  with  them  both  nothing;  is  as- 
serted, while   the    form  of  the  statement    is  an  ample  contessiou 
liat  Lord  Aberdeen  was  at  h-ast  perfe<*tly  well  ai-ipiainted  w  ith  the  exist- 
•  iici' III  thestiail.     When,  iisin;.'  the  same  words  with  which  theyiiitro 
.lucid  their  total  misapprehension  of  Mr.  Webster's  opinion,  they  write 
oftlie  Ilaio  I'hanncI,  *•  It  is  not  too  much  to  sa.N  thai  ller  Majesty'sdox'- 
■  rimieiit   had  a  tiini  belief  that   it  was  a  dangerous  strait,"  it   is  enou;.',!' 
iiriply  that  not  oiii   word  has  been  presented  to  show  that  Lord  Aber 
li'cii  liclie\cd  it  a  daii.ueious  strait  :  and  without  his  positi\«'  testimony', 
AJiiili  has  not    been  pioduci'd,  this  is  an  idle  and  ;iroundless  assertion. 

Siraiiue  a^  if  is  lor  a  ;;reat  nation  to  come  before  a  tril»iinal  like  that 

;  llie  (iermaii  lanperor.  and  coiiiulain  lliat  lhetreat>  which  they  them 

^i'l\c>  ilrau;^hted  contains  an  ambi<4nity  due.  not    to  iiad   faith,  Imt   to 

uiiniaiicc.  the  I'liited  States  ha\  e  avow  ed  theiiisehes  ready 

ii  iihidnatc  t  hat  itart  ot  theti'eal\  on  the  "round  alle;;ed  i>v   tr'.i'l 

Iio   Ihilish   (lONerniin  III.   thai    il    mi|Ljiit    ha\e  been    made 

iiiilci'  a  iniilnal    niisnnderst.indiiiu  :   and  to  re-arr:;n;;e  the 

"lUiidar;*  wliudi  was  in  dispute  i)etoie  the  I  real  \  was  concluded.      When 

'111  lo  the  test,  the  I'.rit  isli  are  compelled  practically  to  acknow  leilue  the 

'Miiiloi  and  forbearance  o[  the  .\iiierieans  in  the  tormation  nl  the  treatv, 

iiiil  thai,  it"  the  work  were  to  be  done  over  ayain.  they  ha\e  no  ho|»e  ot 

M'ttlement   so  much   to  iheii  ad\aiilaui'.     Tiie  I  reaty,  as   il    is   umler 
-tiioil  by  the  I'liited  Slates,  made  \er>  laii^e  concessions  to  Cieat    I'.rit- 
111;  and  the  |5ritish  ( lev  ernmeni  insists  upon  preseivinu  it. 

Tiii'ii,  sinci'    Her  .MajCMtv's  (lo\eriimcnt  will  not  consent  to  cancel  the 


1,11'i.U  .Dl  aii.l 
Mi|fr»'iM-f  in*- 


iwivi.ih'-MialiCmi' 
in»,«iitiii'r*.  Lit  \V'a*ti  • 


'leats,  it  must    be  ace* 


pled 


!iccordin<;  to  its  plain  meiiniti; 


and  if  it; 


iieaiiiii;;  is  not  plain,  the  party  whicii  ilrau;^hted  it  must  sutler  tl'i-con 
-•'ilUciices  of  the  aiidii^uit \ . 


(•.'■'l  Mil.    ri;ocr,i;iii.\iis  rNDKK"  i"!!!:  twk.vt^'  or  i-ii.. 

The   I'liited    >'.tates   have  always  held    tin'   treaty   to    l»e    iVee  from 
iiidiiyiiify,  jii,,!  hi,\e  maintained  tlu'ii'  understandiu';- of  it  wiili  iinvaiy 

iiji  eoiisistency.     If  between  a  channel  that  had  a  name,  ami  one  tluit 
liiid  Millie,    the    I'.iitish  (iovcriiinent    inlended    to    take    the     „,,,....,,    p, 

iuimiel  without   a  name,  it  should  have  deserilted  it  wilii  -~  " 
'li^^tijiciiiess  and  care;  instead  of  which,  the  words  of  their  description 


\:m\ 


NoRTIIWKsr    WATKR    ItOrNUARV    AUIHTRAIIoN. 


i..  II 


oxclihlc  tlu-  ciiaiiiK'l  witlitMit  ;i  iiaiiM'.  ami  iip^)l\  rxactiv  and  alone  to  ti,, 
Ilant  (  iianncl. 

In  .lanuarv.  isis.  ilu'  IW-itisli  niinistiT  at  Wasliin;;"-|(>n,  licatin.;  iIh 
*,,i«mi«  X..  ...  ••  islt'ls"  of  the  San  .liian  airlii|M'la;;o  as  of  ••little  n\  n, 
valnr,"  expressed  a  ••  wish  "  to  tin'  rnit«'<l  States  that  ihi 
passa<;('  nsetl  by  \aiM'onv(»r  in  passing  t'nnn  Adniiiallv  Inlet  tn  ili> 
north,  niii^ht  Ite  nintindly  considered  as  ihe  rhanin'l  of  the  tn'at\.  N,. 
<  laini  \vhate\er  was  iirel'eired.  and  Ihe  wish  was  e.xensed,  ••  heciiiix 
otIuM  wise  iniwh  tinu'  niiirht  Im'  wasted  in  snrvevin;;  the  various  intriiitf 
eliannels  formed  hy  the  muiu'rons  islets  whirh  lie  between  N'anconvci'-. 
island  and  the  mainland,  and  som(>  <lini(  nlt\  mi^ht  arise  in  decnlin. 
which  of  thos<»  ehaiun'ls  on;iht  to  be  adopted  for  the  <li\idiny  botmdan  ' 
The  letter  of  Lord  ralnierston,  nmlei'  whicl;  tin'  Ilritisli  minister  at 
Washiniiton  expressed  this  wish  ot  Iler  "Nlajesty's  <io\ernmeni,  li;b 
ne\«'r  been  ( iniimnnicated  to  the  (lovernnu'nt  of  flie  I'nited  Slater. 


To  -Mr.  IJaiu'roft.  who.  immediately  after  the  ratilication  of  the  tr 


e;i; 


o  nil  .1: 


li 


was  seh'cted  as  Die  rnited  States  minister  at  I-ondoa,  and  wli 
()ccasi(»ns  spoke  ami  wrote  of  the  canal  de  Ilar(»  as  Ihe  itoiimhuA  clia 
nel,  Lord  I'abnerston,  then  Secretary  of  State  for  I-'oreij^n  AtVairs,  la.. 
presentc(l  any  connter  claim  ;  and  the  American  minister  was  persii,i(|n 
,1  that  dan^'cr  to  the  immediate  peaceful  execution  of  th 
treaty  ar(tse,  not  from  within   the  ministry,  but    from  ili 


i|>.«0.  81. 


ro 


7]      parlia*mentai>    intlnenee  of  the   Hudson's  r»a,\  ("onipanx,  wlm- 
desires  the  ministry  seenu'd  relnciant  to  adopt. 

Mr.    liancroft  did   not  suttei-  the  .inthoritati\e  inlerprelalion  of  ll' 
treaty  on  the  part  of  his  (loyernment  to  rest  on  the  upcertainly  of  co; 
\ cisat ions  which  time  mij;ht  oliliterate,  or  menauy  jtervert. 

On  (he  last  da,\  ol  .Lil,\,  ls|S.  Lord  I'almerslon  .liservcd  that  lie  li.ii; 
no  good  chart  oi  the  (Mejuon  waters:  and  ha\iny"  asked  to  see  a  iraiiH 
c(»py  of  NVilkes'  chart.  Mr.  l!anci(tft  immediatei>  sent  il  to  him  wiT 
thi.s  remark: 


t'nliK-kiiy  tins  ((ipv    i|iii'>  imi   tsi 


riul  <|ililc  Ml  lill'   iml  ill  ;i' 


III 


]>:\\: 


.r  I 


I ' 


Iliiiii;;ii  ll  tuiuiiiiis  till'  wiilr  ciiiraiici'  into  tlif  >lrail>  nl'  llaii»,  llif  I'liaiiml  llirniiyl 
riiidtiii  iif  wiiicli   tlir   iMiiimlary  i«.  to  li(>  contiiiiiiil.      Ilif  iijiimt  part  of  llit>  siraii.- 
Hait)  i^  laid  (low  11,  ilioiijjli  not  on  a  laim-  scalf,  in  NVilkf.s'  map  of  llir  (Jn-'^oM  TiTiifoi 

Obtainiii;;-  from  NN'asliiii^itoii  ;ni  eaily  cop\  of  Wilkes' snrve\s,  .^b 
nancroft  deli\eic.l  it  in  Loid  I'.iliiieistoii  with  the  follow  in;^-  olli<ii 
note: 


N"i\  1  Mil  1.1 


1-1- 


My  L<iI:i>:    I  did  noi  \'>>vj,i\  voiii  l(«rd>li 


p's  (Ii'>i|r  to  .<ic  tllf  I'nilrd  Slates  slllV<\\> 


tin-   wain,"*  of  !'M;.'i-t^  Sound,  and    ilio.sc  dixidiny  Nancoiivcr's   Island  I'loni  our  t 


fill 


torv, 
f] 

i  ti 
11 


M'sc  .surveys  liavc  li.cn  ivdnccd,  and  have  just  lict-n  i»nlilislicd  in  tliri-c  part- 
iiisniit  for  your  lordf*liips  arc.  plam  t-  th.-  lirM  .  i.py  whidi  I  liavc  r.-c.-ivcd. 
'  .'   snrv('\s  t'xt.'iid  to   the    lim-  of -lit   ,  and    liy  I'oinliiniii;;    t  w..  ot   t lii>  cliarl 


'Oi  ' 


•li  !!.. 


inlslnp  will  n-adilv  tra.o  tli.'  vvliol.'  courscot  lli.-  fliann.d  ot    llavo,  tlimii; 
]     niitldUi  of  wlii.li  iinr  lioiindary  liii.'  passes.     I  Hunk  ymi  will  ote.Mii  "lln    "■ 


don 


e  III  a  inaniK  I  \  .'ly  eredital.l.'  to  tin-  yniiii"^  .Nnvy  ollieers  eoiiei'i  n.-.l  111 


I  havo  the  lii>noi    Ar 
Visc'iiiiit  f'.vi  MKHSTo.N,  .|(...fc. 


(JKoRlJi:   IlANCRol 


To  this  formal  and  authorized  annonncenu'iit  of  tin  Ilaro  as  tin 
l)0un«lary,  tiio  aii.swer  of  Lord  Palmerston,  w  ritten  alter  four  diiys,  wa- 
in like  manner  ollicial,  and  ran  an  follow.s: 


f'oitKKiN  OnicK,  \or<  mher  7 ,  1^1" 


SIH  :  I  t.cj,'  Icavn  to  return  yoii  iny  lieHt  thankn  for  thn  surveys  of  I'li^'ct'.s  Soiin.l  mi 'i 
of  tLe  (JuU  of  (ioor^Mii,  wliicli  aieonipanicd  your  loiter  of  the  ild  instant. 


KKl'LV    or     INK    rMl'Kl)    STATKS 


137 


Till'  iiilDrmalii'ii  ;i>  tn  soimtliiius  (•(nitaiin'il  in  tlirsr  diarts  will  nu  tliiiilil  Im'  nl   mt-at 
,..ivin'  tn  111!"  riimiiiissiKiii'rH  who  an-  to  lie  a|i|ii)jiiti-il  iiinlrr  llu-  tifaty  of  tlic   I'ldi  -h 
.liiiii',  I'l'i.  ''.V  assiniiii;;  tlinii   in  tl.lftiiiiiiiii;;  wluir  llir  liiir  of  iMnmiliiry  di'sciiltcit  in 
ihc  lii>t  ailirli'  ol'  llic  tii-aly  ttti^lit  tn  run. 
I  lia\ )'  t  'w  liiiniii ,  A  I'., 

i'Ai..Mi:i:sT(>N. 

(iKoiii.i.  ium  liui  I.  i;,s(|.,  ,v..,  .t'(. 

licit'  is  no  prrh'tisc  utiiii  i;^ii(trnii('«'  ol  tlic  cliiimu-l  nf  lljiro  us  alVrct- 
iiijr   ilif   iiitrrprcliiliini    ol'    the    tiTiity — lliiil    tlii'oiy    wiis   not    staitt'tl 
until  iilK'i'  tin*  (Icatli  of  Sir   Itohcrt  INtI — hut  it  ciiliii,  wise,  iisscnt  to  tin- 
use  of  tin'  liir^-c  rliaits  of  Wilkes  in  niiinini;  the  hoiimlaiy.     And  thi> 
assent  was  \iitnally  a  eoneessiini  that  the  American  inteipretation  \va> 
[list  and  trih'.     Lord   I'alineisloii   deeliiu'd   all   eontro\eis_N    ahont   the 
clianiM'l.     He  reeei\ed  a  fornnil,  aiithoritati\e  statement  of  the 
jjlij      line  as  understood  I»y  the  I'nited  States,  ami  in  his  •reply  made 
ito  complaint  and  proposed  no  otln  r  int<-i'pretation.     'i'liis  note  is 
liic  first  ami  the  last   and  the  <ndy  word  that  the  rnited  States  possess 
IroMi  Lord  I'alinerston  nmler  his  own  hand  on  the  siihjeet  of  the  honnd 
irv.     The  eoirespondeih'e  lelatili.ulo  it  is  inserted  in  fnll  in 
the  Appi-ndix.      The   American   minister  of  that    da\    had       ^":"'" 
\('r.\   nood  o]»portiinity  to  know   what   was  ;;"oin;;  forward,  and  e\rry 
iiiotuc  to  ;;i\e  the  most  coirect  information  t<t  h  >  (loxciiimeiii. 

Ill  I>cceinl>er,  l.sr»_',  l^tnd  Aberdeen  <'aim'  to  the  head  of  alf.iiis.  The 
last  (tllicial  word  of  the  Amerieans  to  (Ireat  IWitaiii  «)n  tin*  honmlary  hatl 
liccii  that  it  passes  thron;ih  the  ceider  of  the  channel  of  Ilaro.  At  the 
iM';;nniinji' of  his  nnnistry.  in  the  winter  of  ls."iL'-"."».'),  the  territoiial  Ic-is- 
l.itnrc  of  Ore^^on  im'linled  the  whole  ol°  the  archipela;;()  of  llaii»  in  om* 
(•I  its  counties.  Had  liOid  Abeideen  been  dissatislied  with  the  state  of 
the  ijucstion,  he.  who  ijia<le  the  treaty  and  now  had  retiirne(l  to  powei'. 
was  iionnd  to  ha\  e  taken  t  his  sid)jeet  earm>stly  in  hand  :  but  he  remained 
>il('iii.  made  no  excuses  that  he  had  dranyhted  the  treaty  in  i;4iioranee. 
iiiid  entered  no  counter  jtretension  to  the  Amer"can  view. 

Tiie  adnii!iistialion  wliich.  in  I'ebriiarN,  is."i."»,  sueeeedetl  that  of  Loid 
Alicnlet  ■ 


Ml,  wi'.s  one  o\er  which   the    Hudson's  1  Jay  Company  cxcrciset 

•ai  inllin'iM-e,     The  process  of  cohnii/ation  demandeil  asettlcim'iit  ol 

.v'(|Ue.stion  ol  jurisdiction — the  more  so,  as  the  l!rilish  ( ioNcrnnu'iit  liail 

iia<l«'a  j,'raiit  ef  the  island  of  \'am-onver  to  that  coini»any.     Acc(udin;ily, 

11  is.'ii;  the  two  (lovernmeiits  ajurced  to  send  out  commissioners  to  mark 
ii..  i; <•  1 1 


:,!cal  in 

lilt 

111 

i 


lilt'  line  of  boiimlarv 


Ml'    line    III     llllll  IllliU  _\  . 

The  I'nitetl  Slates,  in  perfect  ;i"ood  faith,  ;;ave  their  eoinmissioner  full 

•oweis,  ami  eommiiiMcatetl  his  instructions  iini'eservcdiy  to  the  Jbitish 

'itvernment.     The  III  itish  ( io\«'i  iiment  ^ave  its  ctunmissioiu'r  tisteiisible 

iisliiictions,  vihich  were   rcatlilv   commniiicatetl   to   the    I'liitetl  States. 

lilt  lettered  jiim  by  adilitional  tmes,  which   were   kept   secret,  ami  ol 

which   the  I'nitetl  Stales  repeatetlly  but  \ainly  stdieitetl  a  et)p\. 

i'i*'|      'until,  stnne  years  lalei-.   l-tntl   .Malmesbnr\,  in  the   ministry  ol 

Loi«l  J)erbv,  became  once  more;  Seeretar\   tif  State  for  rt)rei;;n 

AlVaiis. 

toiiltl  the  HntlstdTs  l!ay  Ctnnpan.N  obtain  possessitm  of  the  island  tif 
'*^i>!i  ,liian,  they  wonltl  have  exeliisixt'  possession  »>f  the  best  chantie!, 
iiiid  tif  the  only  safe  one  in  time  of  war.  No  Ilritisli  authority  in  (ireat 
Britain  or  in  Vanet)iiver  »'xi>ressed  any  desire  for  the  so callcil  K'osarit* 
jliannel,  on  which  the  Urilish  Case  nt)w  atlecls  to  lay  '»  mneh  stress. 
The  nieiubers  of  Her  JJritannie  IMajesty's  (Jovernment  uid  not  proteml 
iiiiitniy  tlu'insi'lvestou  ri};ht  It)  it  "as  the  <'hannel  indieated  by  the  wtntls 
of  the  treaty,"  but,  yielding;  to  tin-  importunity  of  tlio  inlliu'iitiul  f^overn- 
iiioiit  of  Vaneonvor,  tlicy  were  willing;  to  hazard  an  experimental  attemi»t 


la.s 


NOIMIIW  r.>r    WAir.lv'    ISnlNliAUV    AliliirKA  I  ION. 


to  piiii  till'  isliiml  <tl"  Siiii   .liiiiii.     To  iu-coiiiiilisli   this  «'ii(I,  tin'  I'.'  t, 
rdiiiniissioiwi'  rcccivtMl  tin-  tdllow  iiij;  sccict  iiistiii'*tit»ii  : 

ir  llir  roiiiinix.ioii.  1  lit'  till'  I  iiilnl  M.ilf^  will  iii>l  iidctiit  t'lr  liin-  alnn^  i;(i>,ai'i.i  Str;i 
and  it',  on  a  <li  lail.il  and  acnirali'  "•iirvf;  .  and  on  \vi'i;;liin;;  llic  cvii  ,ii 
Mw""''   ^  "'  ''''    •'"  '"'•''  ""idc-;  III  Ilir  iiucxliiin.  \i>u  sliiMild  I"'  i-f  iipiii inn  lliat  the  (•laiiii> 
Her    Ma.ji'Stv's   (Jom  iiinirnl    In  cnh^iilrr  ilii^aiio  Sliail    as  tin-  i  |i;iit|,, 
lUtliciitcd  )iy  tlif  Winds  nl  ilir  liratv  catnnit   Wr  sniisianiiaii d.  \tMi  \M>uld   lir  al  lili.  r 
'  ti»  ndopt  iiiiv  Mill. If  inli'iinrdialf  rliaiin*  I  wliiili  vnn  nia.v  disioMi,  nn  s\  liii  li  thr  In  i 
Stiitfs  coniinissitiiiiT  and  yiiMistir  may  a>4n'»'  as  siil)-.lanliall>  in  arcmdani  .■  wnl    :' 
ili'sci  int  ion  III'  llii'  tiialy. 

A<'cnr(liii;i  t(t  liis  caimnissimi.  ntnl  iiccoidinu'  tn  Iiis  ostnisildc  iiisini, 
lions,  ( 'ii|d!iiii  I'rcvosi  was  a  coiimiissioiicr,  ami  no  iiioic  tliaii  a  co'; 
inissioncr.  to  niaiU  the  Itonndaiy  liiif  accordiii;:'  i(»  llic  iicatN  id  I>h 
lull  l»v  his  sfcri'i  instnictioiis.  wliirli  lie  rcsoliiic!\  icliisrd  to  romiiui; 
rati'.  In*  Nvas  in  tail  a  pit  iii|iol(ntiar\  a|t|>oiiit<'d  to  iicnoiiatc  lor.i  cli.iiiii 
wJMcli  slioiild  talvf  tin-  i.>land  of  San  .hiaii  iVoin  tlit'  I'nitrd  Stair 
i;]l|  "It  niiist  he  lioriir  ill  mind  that  ('a|dain  I'rrvost  had  aiilhoinv 

to  ol'tiT  a  (•omitroiiii>i' only  on  tilt'  romlititai   that,  alter  imtshhij 
rxaini nation  and  tin-  \\i'i;^hin;i  of  cn  idcncc  on  Indli  sides  of  the  (|iie>tiiMi. 
lie  "wlnaild  1k'  of  opinion  that  the  elaims  of  Her  .Majesi\'s  (ioveniimii 
ro  consider  Itosaiio  Sti'aif  as  the  ehaiiiiel  indicated  l»,v  the  \vor<ls  (d  ili- 
;reat\  cannot  he  snhstanl  iated."     After  ha\  in;i'  lte«'n  li\e  months  witiiii 
the  struits  of  Fii(;a,  and  alter  haviiij;  \ critied  and  appioved  the  at'ciiiai 
of  the  Tiiited  States  ( davt  Siir\ey  chart   of  the  channels  and   islaii'l- 
between  N'ancoiiver   Island  and  the  coiilineiit.  and  aft«'r  eoiismtiii;^  i  > 
^r-n'M.j  N..  rii,  adopt  it  tor  t  he  piiiposi' of  determining' the  ln)iindaiy  liMe.  In 
'""'■'  pKipoM'd   such   a  comproinise  as   would    liaNc    left    t<»  th 

rnitetl  States  tlic  socalleil  Kosaiin  Straits  and  c\  cry  island  in  theaiii 
liehip)  except  San  .liian. 
Th*!  commissioner  of  the   I'liited   States.    Mr.   Anhihald  ( 'aiiipiicli 
Api-.i.a,.  N...  73,  di\iiicd  the  character  of  the  secret  instructions  under  wlii(!i 
...  lio,  I.  .vti.  (apiain    I'rcNost  was  acting;,  adhered  with  intcUi.^eiice  :um! 

npri^htiiess  to  his  duty  as  commissioner,  and  ••(U'cliiieil  to  accede  l^'  ,i^ 
c<»mpromise.*' 

Captain    rrc\i»st,    the    r.ritish    commissioner,    who,    Ity  his   <d'li  i   «\ 
compromise,  liad  n. needed  that    the  I'.iitish  claim   to  the  so-called   11" 
sario    straits    "cannot    Ire    siilistantiated,"   strii.u;4h'd    hard    to    rccovti 
llu!    positidii    of    a    zealous    champion    of    the    ri;;ht    of    (ireat     I'.i' 
;dn    lo   that    channel.       lint    lor    this    he    had    ilritted    too    far,   ;ii 
!ie  was  too  honest    to  succeed.     As  an  inteipreter  of  the   tr«'at\  <  ,l 
,    ,    .       tain    I'revost    writes  very  coricctlv:     "The   channel    im  i 
tioMed   sJKtnld    possess   three  characteristics:     1,    It    shniinl 
sei)arate  the  continent  Irom  Nanconver's  Island ;  :.'.   It   shonhl  admiMii 
the  Itonndary  line  heiim carried  thioiijudi  the  middle  »d"  it  in  a  sontlini 
direction:  .!.  It  shonhll.e  a  iiavi^altie  »  lianncl."    lie  adds:  '•  It  is  rca<lilv 
admitti'd  that  tlie  ('ana!  de  Air(»  is  a  naxi^alile  channel,  and  therctnn 

answers  to  one  characteristic  of  the  channel  of  the  treaty," 
[J-j  *'i"hi>  admission,  wriltiii  Irom  on  Itoard  a  ship  anchoii'd  w  itiiiii 

ijihtofthe  llaio  channel,  is  conclusive  as  to  the  lirst  point.    A 
to  hi;  '     '  ■  ■  •■■    ■  ■      ■ 


ui^iii,  ,.1    111.     iiiiii)  I  iiiiiiiM'i,    i.-x  I  I  Mil  Mi^i  \  f  i\n  HP   tin-    ill  .'<i    |i«>iiii.      •' 

his  second  cliaracteristic,  a  ;;lanec  at  the  map  will  show  the  Impcii;; 

^  Arliitralor  that  tin'  line  which  is  drawn  due  .south  from  ili 

middle  (»f  the  channel  on  the   jiarallcl   of   lH  ,   strike-  t!' 

channel  of  llaio, and  leaves  the  so-called  liosario  far  to  the  east. 

As  to  Captain  Prevost's  remaining-  characteristic,  the  Cnited  St.i;^ 

Apr..i..i«  N.,.  ru.  a;;ain  cite  his  testimtm\,  for  he  writes:  "The  canal  de  II. n 

*••"*'■■"*'        is  the  channel  .separatiiiij  Vtineoiivei's  Island  frimi  the  •oi 


Ki:ri.Y  OF  Tin:  unitki*  maiks 


Ki;ri.Y  OF  Tin:  unitki*  maiks.  13:) 

lilt."    To  1m'  sine  lu'iMlds.  it  "ciimidl  Itc  tlif  clianiicl  wliiiUi  sc|i;iviit«'x 

•  roiitiiiciit  IVoiii  \  aiicittiNci'   Islaiitl."     lint  111  thai    ;;ruiiiul  no  aiicliur 

I  tioltl.     It    is  as  ir  our   were  to  own,  that    in   hilitinh-  ."■(.".     1(»',  St. 

urge's  channel  scpaiatcs  Iiclainl  Ironi    lln^^lantl.  and  _\i't   in>ist   thai 

^land  is  srparalt'd  I'lutii  litland  l)\  the  strait  of  Mt-nai. 

ill  ,lannar,\ ,  is  IS,  dm  in;;  the  ailniinistial  ion  of  which  Lord  .lohn  1'kI{>.' 

I,  tiow  Mail  liiisscll,  was  the  chirr,  the  lUitish  niinistcial 

.   I. ;.....«....    ♦:...;. II,    i    i c : ... i        vii»n' .  s.  n. 


tilU 

•!l.T 

,111 
•  tcnr^'c 

i'.ii 


it'iico  HI   l'ai;:;hiiid  did  lie  ever  lieaf  snch  dillerencc  ol    interprctatnjn 
itiilinted  liy  any  one  lo  either  of  the  two. 
.\nd,  in  IS."»M,  j.oid  .Mierdeeii  is  appeah'd  to  by  Lord  .lohn  Kus.sell  tor 
lie  aid  «><■).)]'•;  Jj'stiinony.     l'nhap|tilN  there  exists  no  written     x,,,.„,,  s    -, 
uiswer  of  his  own  to  the  <piestions  put  to  him;  l»nt  only  a  ''  '"  "' 
vt'iy  short  report  of  the  iiilei\iew  l»y  L(»rd  .lohn  L'nssell.     .\ccoi'dinj;  to 
liar  repoit.  Lord  .Aberdeen   did  not  deny  that    he  used  the  name  »»!   llic 
•iiiial  de  llaro  with  .Mi'.  >LicLane,  tli<ni;Lih  he  had  no  recolU'ctmn  of  ha\- 
nirdone  .so.     Now,  nothing;-  is  nmre  likely  than  that  the  words  uttered  m 
"I  vcrsation  thiiteeii   \eais  liefoie,  ini;:ld    lia\  e  dro]tpe(l  iVoiii  Ins  nieiii 
•n  :  and  a;;ainst   this  lailme  ol   nieinory  is  to  lie  w»'i;;hed  the  dispatch 
't  Mr.  MacLaiM',  w  ritten  at  the  nninieiit  of  ?he  conxersatitm.     I'.id,  as  to 
lie  channel  which  Lord  .\ln'r<leeii  had  in  view,  he  is  represeiiled  as  de 
lariii;;  that  he  knew  none  (»tlier  than  tint  "deserihed   in  the  troaty 
"S'lf."    Now,  the  c'lannel  desciilied  in  the  treaty,  and  in   LokI  Aber 
Iccirs  instriiclions  to  Mr.  Pakt'iiham.  is,  as  we  have  seen,  no  othei-  than 
H'  canal  de  llaro. 

Ii<'ft   witluMit  support   by  FiOi'd   .Mierdeen,  the  r.iitish   Forci;,Mi  <>lUc(^ 

'•ii;,dit  forward,  as  its  witness.  Sir  L'ichard  rakeiiham.  wiio.  with  .Mr, 

IWichanan,  si;;neil  the  boundary  ticat.x  of  .lime,  ls|(i. 

•>4|         in  that  same  year,  \vhili«  evi'iythinj;'  was  still  fresh  in  *ineniory, 

•Mr.  Ihichanan  lia«l  r»'c(mle«l  his  interpretation  of  the  treaty  in  an 

'iNtruclion  to  .Mr.  Uain-rott,  the  Aiaerican  minister  at  London,  who,  as 

IS  (ollcayne   in    Wasliiii<;ton,  had  taken  part  in   its  negotiation,  and 


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NORTHWEST    WATER    HOUNDARY   ARBITRATION. 


\  |)pem!i.v   Ni 


knew  every  step  of  its  progress.    An  instruction  written  under  sudi 
xppfMiu  N.,.  .-,1    circumstances  is  the  portraiture  of  the  inmost  mind  of  its 
„.x),  1. 3-.  author.    "It  is  not  probable,"  wrote  Mr.  Buch.anan,  "that 

any  claim  will  be  seriously  preferred  on  the  part  of  Her  Britannic  ]\Inj 
esty's  Government  to  any  island  lying  to  the  eastward  of  the  Caiial  ot 
Arro,  as  marked  in  Captain  Wilkes's  'map  of  the  Oregon  Territory.'" 

Of  the  testimony,  given  more  than  twelve  years  later  by  iSir  Eichard 
Aprnni.x  No,  r.i.  Pakenham,  every  word,  as  far  as  communicated  to  the  United 
""  "-  "^  States,  is  presented  in  the  Appendix.    It  has  no  date,  but 

A\  as  communicated  to  the  United  States  in  the  year  1859.  Captain  Pre- 
vost,  in  his  final  letter  to  Mr.  Campbell,  the  American  commissioner,  ot 
November  24,  1857,  had  written :  "  I  will  at  once  frankly 
state  how  far  I  am  willing  to  concede,  but  bej'ond  what  I 
iiow  offer  I  can  no  further  go.  *  *  *  j  j|,j^  willing  to  regard 
the  space  above  described  [that  is,  the  space  between  the  continent  and 
Vancouver  Island,  south  of  49°]  as  one  channel,  having  so  many  differ- 
ent passages  through  it,  and  I  will  agree  to  a  boundary  line  being  run 
through  the  'middle'  of  it,  in  so  far  as  islands  will  permit."  This  is  the 
lead  which  Sir  Richard  Pakenham  followed.  He  who  signed  the  treaty 
on  the  British  side  declared  positively,  as  his  interpretation  of  it,  that 
the  so-called  straits  of  Rosario  are  not  the  channel  intended  by  the 
treaty;  and  we  must  hold  the  British  Government  to  this  confession,  as 
it  received  its  official  approbation. 

It  is  true  he  also  denied  the  straits  of  Ilaro  to  be  the  channel  of  the 
treaty,  using  these  words : 

Tbc  Earl  of  Abcitlecn,  in  bis  tiiial  instructious,  dated  IHtb  May,  1846,  says  notliini; 
■whatever  aljout  the  Canal  de  Ilaro,  but,  on  the  contrary,  desires  tbat  the  liiu 
[il.')]     inijrlit  be  drawn  "  in  a  sontbcrly  'direction  through  the  center  of  King  GeorgtV 
Sound  and  the  Straits  of  Fuca  to  the  Paeilic  Ocean." 

Now  why  was  Sir  Richard  Pakenham  introduced  to  give  testimony  a> 
to  the  instruction  which  he  received  from  Lord  Aberdeen .' 
murZ'Vn.ixv^M.  Thc  histructiou  itself  was  in  the  Foreign  Office,  and  was 
the  best  authority  on  the  subject,  and  would  have  given  tlie 
whole  truth.  Sir  Richard  Pakenham  in  his  testimony  leaves  out  the 
most  important  words  of  his  final  instructions.  Lord  Aberdeen,  it  is 
true,  did  not  name  in  them  the  channel  of  Haro  by  name,  but  so  far 
from  writing  anything  to  "the  contrary,"  he  defined  it  exactly,  when,  in 
those  same  "  final  instructions,"  he  describes  the  channel  of  the  treaty 
as  the  channel  "leaving  the  whole  of  Vancouv^er  Island,  with  its  ports 
and  harbors,  in  the  possession  of  Great  Britain." 

The  final  interpretation  of  the  treaty  by  Sir  Richard  Pakenham  runs 
as  follows : 

The  conditions  of  the  treaty,  according  to  their  liberal  tenor,  would  require  thc  line 
to  i>e  traced  along  the  niiddle  of  the  channel,  meaning,  I  presume,  the  whole  iuterveu 
ing  space  whicJi  separates  the  continent  from  Vancouver  Island. 

Thus  Mr.  Pakenham,  the  British  signer  of  the  treaty,  adopting  the 
theory  first  communicated  to  the  United  States  by  Captain  Prevo.sr 
eleven  years  after  the  treaty  was  ratified,  rejects  entirely  the  channel  of 
the  so-called  Rosario  as  the  channel  of  the  treaty.  The  question  now 
is  not  between  the  so-called  Rosario  and  some  channel  intermediate  be 
tween  it  and  that  of  Haro.  It  is  whether  the  claims  of  the  United 
States  to  the  Haro,  or  those  of  Great  Britain  to  the  so-called  Rosario, 
are  more  in  accordance  with  the  true  interpretation  of  the  treaty.  The 
instructions  to  Captain  Prevost  show  that  the  British  Government  had 
no  confidence  in  the  so-called  Rosario  as  being  the  treaty  channel ;  the 


REPLY    OF   THE    UNITED    STATES. 


141 


anncl  of  tlic 


ieuliam  riius 


A|,l.oii,l,x     .N".    r.!, 
P.  1 1-.'. 


testimony  of  Sir  Eicliard  Pakeuham  is  that  the  British  go\  ernmeut  at 
the  time  of  negotiating  the  treaty  did  not  intend  the  so-called 
\:]Ct]  r»osario  *as  the  channel,  while  the  words  which  he  suppressed 
from  Lord  Aberdeen's  final  instructions  prove  the  channel  of  the 
treaty  to  be  the  canal  de  llaro.  Adopting  the  tlieory  of  Captain  Prevost 
and  Sir  ]tichard  Pakeidiani,  Lord  John  liussell  somewhat  peremptorily 
demanded  of  the  United  States  the  acceptance  of  that  theory,  and  in 
all  instruction  which  the  ]>ritish  minister  at  Washington  was  directed 
to coujmunicate  to  the  United  States,  he  wrote: 

The  adoption  of  tlio  ceiitnil  flianiiel  -vvonld  H'ive  to  Great  IJiitaiii  tlie  island  of  !!^an 
liiaii,  wliieli  is  believed  to  be  of  little  or  no  value  to  the  United  States, 
while  mnch  inij)ortance  is  attached  by  IJritish  colonial  anthorities,  and 
liv  Her  ilajoHty's  government,  to  its  retention  as  a  dependency  of  the 
ciilony  of  Vancouver's  Island. 

ller  Majesty's  Government  must,  therefore,  nmh'r  any  circnmstances,  maintain  the 
iii;ht  of  the  liritish  Crown  to  the  island  of  San  Jnaii.  The  inteicsts  at  stake  in  con- 
iiiL'tion  with  the  retention  of  that  island  are  too  important  to  admit  of  compromise, 
,iiitl  your  lordship  will  conse(|nently  hear  in  mind  that  whatever  arrangement  as  to 
the  boundary  line  is  tiually  arrived  at,  no  settlement  of  tin;  ([nestion  will  lie  aecei)ted 
liv  Her  Majesty's  government  which  does  not  provide  for  the  island  of  San  Juan  being 
itserved  for  tlio  British  Crown. 

To  this  naked  and  even  menacing  demand  the  American  Government 
made  the  only  fitting  reply  ;  and  certainlj-  the  Imperial  Arbitrator  will 
not  give  an  award  to  Great  Britain,  because  the  Vancouver  colonial  au- 
thorities and  Her  Mjijesty's  Government  covet  the  possession  of  San 
Juan. 

When  the  attention  of  the  British  Secretary  of  State  was  calleil  to 
the  absoluteness  and  to  the  motives  of  this  communication, 
lie  answered : 


A|i|i.-ii.liv    N.I 

1'.  nr,  I.  17 1'-j. 


Her  Majesty's  Government  were  by  inii)licatiou  abandoning  a  large-  part  of  the  terri- 
tory they  had  claimed,  and  wert;  merely  insisting  on  the  retention  of  an  island 
[:!7]    which,  from  the  peculiarity  of  *its  situation,  it  was  imi»ossible  for  Her  Majesty's 
Government  to  cede,  without  compromisnig  interests  of  the  gravest  importance. 

Lord  John  Russell  acknowledged  the  necessity  of  suppoiting  his  pre- 
tensions by  bringing  them  into  agreement  with  the  words  of 


Aim.!-!, 
p.  U^,  I, 


,liv   Nil 
4  J-.'. 


'be  treaty;  and  therefore,  giving  up  the  channel  of  the  so- 
called  Rosario,  he  entered  into  an  argument  in  favor  of  the  channel 
called  on  the  United  States  Coast  Survey  "the  San  Juan  Channel,"  on 
the  British  Admiralty  chart  "Douglas  Channel,"  as  the  channel  of  the 
treaty. 

In  other  words,  he  interpreted  the  treaty  simply  as  giving  the  island 
of  San  Juan  to  the  British,  by  which  they  would  gain  tlie  exclusive 
possession  of  the  Haro  channel. 

A  conclusion  is  thus  made  very  easy.  Captain  Prevost,  Sir  Richard 
Pakenham,  and  Lord  John  Russell  unite  in  renouncing  any  treaty  right 
to  the  so-called  Rosario  channel,  and  unite  in  the  opinion  that  the 
Douglas  Channel  has  a  better  right  to  be  regarded  as  the  channel  of 
the  treaty  than  the  so-called  Rosario.  There  is  no  escape  from  this 
cumulated  evidence  thus  furnished  by  the  British  Government :  first,  in 
the  instructions  of  Lord  Aberdeen  to  Mr.  Pakenham ;  second,  in  Mr. 
Takenham's  declaration  of  the  meaning  of  the  British  Government  at 
the  time  the  treaty  was  negotiated  ;  third,  in  the  instructions  to  Cap- 
tain I'revost ;  and  fourth,  in  the  statements  of  Lord  John  Russell,  that 
the  so-called  Rosario  strait  was  not  the  channel  through  which,  in  the 
interpretation  of  the  British  Government,  the  boundary  line  was  to  be 
lUD.    It  further  shows  that  up  to  the  date  of  the  instructions  to  Cap- 


,M.i 


142 


NORTHWEST    WATER    BOUNDARY   ARBITRATION. 


\.\.\VI.  Pr.ilnripl 
(il  ■  •.nh-rrii.  .•  hi- 
Iwefii  Ific  IiirI)  i'omi- 
lrii'*siiii;.T^,  jit  W'a.-ti* 


tain  Prevost  in  185G,  tlie  ]ji'itish  (loverniuent  hail  never  snggested  any 
other  than  the  Ilaro  and  the  so-called  llosario  channel.  Their  own  ovi 
dence,  excluding  the  IJosario  straits  tVoin  their  co'ntcmplation  at  tlie 
date  of  the  treaty,  leaves  the  Ilaro  as  the  only  possible  channel  wjtliiu 
the  contemplation  of  either  party,  and  the  only  one  in  accordance  with 

the  true  interpretation  of  tl>e  treaty. 
[38J  *One  more  effort  was  made  for  the  settlement  of  the  question 
by  the  two  Governments.  On  the  15th  day  of  March,  1871, 
the  commissioners  on  the  part  of  the  United  States  and 
the  commissioners  on  the  part  of  Great  Britain,  in  a  con 
ference  at  Washington  took  up  the  northwestern  boundarv 
question,  and  when  no  agreement  could  be  arrived  at  respecting  the 
proi)cr  interpretation  of  the  treaty  of  June,  1810,  the  American  com 
niissioners  exi)ressed  their  readiness  to  abrogate  tlie  whole  of  that  part 
of  the  treaty  of  184G,  and  rearrange  the  boundary  line  which  was  in 
dispute  before  that  treaty  was  concluded.  At  the  conference  on  the 
20th  of  March,  1871,  the  British  commissioners  declined  the  proposal. 

On  the  19th  of  April  the  British  commissioners,  willing  to  renounce 
all  claim  to  the  so-called  Eosario,  renewed  the  offer  of  the  line  wliicli 
liad  before  been  pressed  by  Captain  Prevost,  and  maintained  as  the  line 
of  the  treaty  by  Sir  Eichard  Pakenham  and  by  Lord  John  Russell.  The 
American  commissioners  on  the  instant  declined  to  entertain  the  pro 
posal,  and  the  British  commissioners  could  not  consent  to  regard  the 
channel  of  Ilaro  as  the  boundary,  "except  after  a  fair  decision  by  an 
impartial  arbitrator." 


m 


IV.— INTERPRETATION  OF  THE  TREATY  OF  184G. 

The  United  States  have  already  asked  Your  Majesty's  attention  to 
rules  of  international  law^  applicable  to  the  interpretation  of  the  treaty 
submitted  for  arbitration. 

They  agree  with  the  British Govei'nment,  that  "the  words  of  a  treaty 

are  to  be  taken  to  be  used  in  the  sense  in  which  they  were 

i!,,i-h( U.O.I,  14,    (3Q„),^^oi2]y  ^|gg(i  r^^  i]^Q  time  when  the  treaty  was  entered 

into,"  and  ask  Your  Majesty  to  interpret  the  words  "Puca's  straits" 
according  to  the  usage  established  by  all  the  maps  and  reports  prior 

to  1810. 
|ol>|         *They  further  agree  that  "  treaties  are  to  be  iutci'preted  in  a  la 
vorable  rather  than  an  odious  sense  ;"  but  they  did  not  in  their 
Memorial  invoke  this  rule,  though  it  so  decisively  confirm.^ 
their  rights,  because  they  had  no  fear  that  the  German  Em 
peror  could  give  to  the  convention  an  odious  interpretation.    Since, 
however,  this  rule  of  interpretation  has  been  brought  forward  by  the 
government  of  Her  Britannic  Majesty,  the  United  States  must  explain 
the  immeasurably  odious  nature  of  the  interpretation  w^hich  the  British 
government  desires  I'^our  Majesty  to  adoi)t. 

The  United  States,  in  signing  the  treaty  of  1840,  had  in  view  pernia 
nent  relations  of  amity  with  Great  Britain,  and  therefore  dealt  with  it 
generously  in  the  treaty,  that  there  might  remain  to  that  power  no  mo 
five  for  discontent  or  cupidity.  When  they  consented  that  Great  Brit- 
ain should  hold  the  southern  cape  of  Vancouver  Island,  they  knew  that 
the  harbor  of  that  cape  was  the  very  best  on  the  Pacific,  from  San  Fran 
Cisco  to  the  far  north.  The  tJnited  States  took  also  into  consideration 
that  Great  Britain  needed  to  share,  find  had  a  right  to  expect  to  share  iu 
the  best  line  of  communication  with  its  possessions  to  the  north. 

A  ship  using  the  so-called  liosario  strait  may  be  exposed  to  cauuou 


REPLY    OF    TIIK    T'XITED    STATES. 


143 


Map  (). 


shot,  not  only  as  it  enters  that  strait,  but  nearly  all  the  way  as  it  sails 
throus'li  it.  One  IJritish  INIinistry  after  another  lias  shown  that  it  set 
1)0  value  upon  it  whatever,  and  has  represented  that  it  was  not  eonteni- 
phited  by  treaty  as  a  boundary,  aiul  has  used  the  elaim  to  it  oidy  as  a 
means  ot*  driving  the  Uuited  {States  into  a  surreiuler  of  the  island  of 
Siin  Juan. 

A  shij),  as  both  parties  agree,  can  enter  the  channel  of  Ilaro  and  not 
W  under  any  necessity  of  passing  within  territorial  waters  on  either 
side  of  the  central  line. 

This  passage  by  the  Ilaro  cliannel  to  the  British  possessions 
[40]  north  of  40°,  is  the  shortest,  the  most  convenient,  *the  best,  and  the 
only  perfectly  safe  one,  alike  in  ])eace  and  in  war.  Of  this  chan- 
nel, the  United  States  by  the  treaty  of  184G  concede  the  joint  possession 
to  the  British,  but  they  concede  it  with  circumstances  of  peculiar  gen- 
erosity, or  rather  niagnanimit}'.  In  passing  from  the  lower  part  of  the 
liaro  channel  to  the  upper  interior  waters,  they  allow  to  Oreat  J>ritain 
equal  rights  with  themselves  to  pass  through  the  Haro  channel  to 
the  true  Kosario  of  the  Spaniards,  the  British  gulf  of  (leorgia. 
Tluis  far  the  United  States  reserve  to  themselves  no  advantage 
over  the  English.  They  go  farther.  There  are  two  other  channels 
connecting  the  straits  of  Ilaro  with  the  upper  waters;  one 
of  tbem  a  little  above  40°,  at  the  Portier  pass ;  the  other 
below  40°,  through  Swanson  channel  and  Active  pass.  As  to  both  of 
these,  the  Uuited  States  leave  to  the  British  the  exclusive  possession  of 
the  islands  on  each  side.  This  is  a  great  concession,  far  outweighing  in 
value  any  advantage  the  Americans  may  gain  in  the  so-called  liosario 
straits.  The  regular  track  of  the  British  steamers  between  south  Van- 
couver and  Eraser's  river  is  through  the  channel  of  Swanson  and  Act- 
ive pass,  a  wide,  sheltered  chainiel,  to  them  the  shortest  and  most  con- 
venient, never  freezing  in  winter,  with  water  nowhere  less  than  ninety 
feet  deep,  as  easy  of  navigation  as  any  part  of  the  broadest  and  juost 
iiinjjniflcent  river  in  Europe. 

To  keep  all  these  advantages  and  to  acquire  exclusive  possession  of 
the  channel  of  Uaro  became  the  uncontrollable  desire,  first  of  the  Hud- 
son's Bay  Company,  then  of  the  politicians  of  Vancouver  Idand.  The 
conduct  of  the  United  States  merited  a  better  requital. 

The  demand  of  the  government  of  Her  Britannic  Majesty  is  as  con- 
trary to  every  principle  of  convenience,  equity,  and  comity,  as  it  is  to 
the  intention  and  the  language  of  the  treaty  of  1840.  To  ask  the 
United  States  to  give  up  their  equal  right  in  the  canal  de  Haro  is  to  ask 
them  to  shut  themselves  out  of  their  own  house.  They  own  the 
\i\\  continent  *east  of  these  waters  to  the  lake  of  the  Woods,  a  dis- 
tance of  28°  of  longitude.  Is  it  within  the  bounds  of  belief  that 
they  should  have  given  up  to  Great  Britain  the  exclusive  possession  of 
the  best  channel,  and  the  only  safe  channel,  by  which  they  could  ap- 
proach their  own  vast  dominions  on  the  north  ?  Grant  the  English 
demand,  draw  the  line  of  boundary  through  the  so-called  Rosario  chan- 
nel, and  the  Americans  would  have  access  to  their  own  immense  terri- 
tory from  the  Pacific,  only  by  the  good  will  of  the  English.  Such  an 
interi)retation  of  the  treaty  is  so  unequal,  so  partial  to  Great  Britain, 
so  opposite  to  the  natural  rights  of  the  United  States,  so  inconsistent 
with  the  words  of  the  treaty,  that  the  American  Government  holds 
itself  deeply  aggrieved  by  the  British  persistence  in  demanding  an  in- 
terpretation in  so  "  odious  a  sense." 

I     The  United  States,  it  may  once  more  be  said,  had  not  the  intention 
to  present  the  subject  iu  this  light  to  the  Iini)erial  Arbitrator,  for  they 


pin 


144 


NORTHWEST    WATER   BOUNDARY   ARIilTRATION. 


I    ^> 


confide  entirely  in  bis  Justice.  But  since  ller  Majesty's  governiiR'nt 
apparently  assumes  that  an  award  in  I'avor  of  the  American  (lovorn 
ment  would  be  "  odious,"  the  United  (States  must  not  lu^fjlect  to  iiivitt' 
attention  to  the  true  aspect  of  the  "ase. 

The  American  (lovernment  is  the  more  surprised  at  this  manner  ot 
presenting  the  subject  by  the  government  of  ller  JJritannic  Majt'sty. 
inasmuch  as  Captain  Frcvost,  after  months  cm[)loyed  in  explorinm  tlic 
waters,  conceded  that  the  British  claim  to  the  so-called  Kosario  Strait 
"  could  not  be  substantiated,"  and  this  oi)inion  was  formally  adopted  by 
Sir  Itichard  rakenham  and  by  Lord  John  liussell ;  the  latter  of  wliom 
himself  declares  that  he  abandoned  b^'  implication  all  but  the  islaiul  ot 
San  Juan. 

Another  reason  why  an  award  in  favor  *^  '  the  so-called  llosario  as  tiie 
channel  would  be  odious,  is,  that  it  would  transfer  to  the  foreign  alle};i 
ance  of  (ireat  Britain,  islands  east  of  San  Juan  which  have  lon^ 
[42J     been  and  are  now  in  the  undisputed  posses*sion  of  the   Unitod 
States.    The  United  States  have  likewise  been  virtually  in  posses- 
sion of  the  island  of  San  Juan ;  though  each  i)arty  maintains  in  it  a  sinall 
garrison.     The  civil  population  on  that  island  is  thoroughly  American. 
Out  of  ninety-six  resident  niales  of  twenty-one  years  of  a,i;e 
and  upward,  the  number  of  xVmerican  citizens  is  lifty-six: 
the  number  of  those  born  in  Great  Britain  and  Ireland  is  but  twenty 
six.    Of  both  sexes  and  all  ages,  there  are  one  hundred  and  seventy 
nine  Americans  and  but  fifty-two  of  British  nationality  on  the  island  ot 
San  Juan.     In  the  whole  archipelago,  the  American  i)opulation  num- 
bers three  hundred  and  fourteen,  the  British  but  ninety.     How  unsuit- 
able it  would  be,  then,  to  assign  to  Great  Britain  islands  which  have 
never  been  out  of  the  possession  of  the  United  States,  and  which  aiv 
occupied  almost  exclusively  by  their  citizens! 

The  United  States  do  not  understand  how  a  controversy  could  have 
arisen  on  the  meaning  of  the  boundary  treaty  of  June  13. 
MiunlKWi'miNu.  1840.  It  will  be  remenibered  that  it  was  they  who,  in  the 
' " '''  " "  administration  of  Sir  Itobert  l*eel,  recalled  the  intiumtion  ot 
Mr.  Iluskisson  in  ISliO,  and  suggested  that  the  disputed  boundary  might 
be  arranged  by  just  so  much  detlectiou  from  the  forty-ninth  parallel,  as 
would  leave  the  whole  of  Vancouver  island  to  Great  Britain.  For  more 
than  two  years,  through  two  successive  envoys,  they  continued  to  pro 
pose  this  settlement.  At  length  Lord  Aberdeen  consented  to  it.  The 
language  of  the  treaty  for  carrying  out  the  arrangement  came  from  him. 
The  United  States  accepted  it  in  the  seuse  in  which  they  had  suggested 
it ;  and  by  all  rules  for  the  equitable  construction  of  contracts,  Great 
Britain  ought  not  now  o  attach  to  it  a  sense  different  from  that  in 
which  Lord  Aberdeen  must  have  known  that  the  United  States  accepted 
it.  Moreover,  before  the  treaty  of  June,  184G,  was  signed,  Lord  Aber 
deen,  well  knowing  by  the  experience  of  more  than  two  years  that  the 
United  States  had  proposed  as  their  rltimatissimum,  not  to  divide  Van 
couver  island,  instructed  the  British  minister  at  Washington,  that 
[43j  what  England  *was  to  obtain  was  the  channel  "  leaving  tiie  whole 
of  Vancouver's  island  in  the  possession  of  Great  Britain."  Thus 
botli  parties  had  the  same  object  in  view ;  both  parties  intended  the 
same  thing  and  expressed  in  writing  their  intentions  before  the 
treaty  was  signed.  The  Government  of  the  United  States  of  that  day 
assented  to  the  treaty  of  1846,  with  the  understanding,  communicated 
in  advance  to  the  British  Government,  that  the  boundary  line  was  to 
deflect  from  the  forty-ninth  parallel  for  the  sole  purpose  of  giving  the 
south  of  Vancouver  Island  to  Great  Britain,  so  that  it  was  necessarily  to 


REPLY    OF   THE    UNITED    STATES. 


145 


])as>s  tlirougb  the  canal  do  Ilaro.  The  Aineiican  Senate  accepted  it  in 
that  sen.se,  and  only  in  that  sense.  After  it  had  been  accej)ted,  and 
lii'fore  the  ratifications  were  exchanged,  Sir  Robert  Peci  in  tlie  House 

of  Commons  announced   in    memorable  words,  that   Her     ^,,, ,^  . ,  „,,. 

Majesty's  government  had  made  the  contract  in  the  same  """"^^^^■^'■■ 
si'iise  Not  long  afterwards  the  jjresent  agent  of  the  United  States  in 
lliis  arbitration,  then  the  i)lenii)otentiary  of  the  United  States  near  the 
Court  of  St.  James,  otticially  called  the  oHicial  attention  of  J^ord  Pal- 
merstou  to  this  construction;  and  from  Lord  Ualmerston,  then  the  Jirit- 
ish  Secretary  of  Foreign  Atfairs,  who,  on  the  L'tHh  of  June,  lSt(5,  bad, 
as  a  jnember  of  the  House  of  Commons,  listened  to  Sir  Robert  Feel's 
intor])retation  of  the  treaty,  and,  with  the  knowledge  of  this  interi)re- 
tatioii,  had  on  the  same  evening  welcomed  it  as  honorable  to  l)oth  coun- 
tries, the  note  of  the  American  jdenipotentiary  received  the  acquies- 
reiK'O  of  silence. 

Tiie  broad  and  deej)  channel  of  Haro,  in  its  ceaseless  ebb  and  How,  is 
the  ever  faithful  and  iininipeachable  interpreter  of  the  treaty.  Time 
mit  of  min<l,  it  formed  the  patiiway  for  tlie  canoe  lieets  of  the  Red  jNIen. 
Jt  is  the  first  channel  discovered  by  Angio-AnuM-icans  or  Europeans 
within  the  strait  of  Fuca ;  it  is  the  first  that  was  explored  aiul  surveyed 
from  side  to  side;  it  is  the  first  through  which  Europeans  sailed 
\ii]  from  the  Fuca  Strait  to  the  waters  above  the  i)arallel  *of  49. 
And  now,  in  the  increase  of  emigration  and  trade,  it  approves 
itself  as  "the  channel"  of  commerce  by  the  unanimous  choice  of  the 
sliips  of  all  nations. 

Everything  favors  a  peaceful  adjudication.  Tlie  iuHiuMitial  and  active 
Hudson's  Bay  Company  has  ceased  to  exist.  The  United  States  have 
jiaid  them,  aiul  all  other  British  companies  or  citizens,  for  their  possess- 
ory rights  large  indemnities,  which  they  themselves  and  the  British 
government  a(!knowledge  to  be  most  ample.  The  generation  of  Britons 
who  reluctantly  assumed  the  unwelcome  task  of  keeiiing  the  fruitful 
region  of  Northwest  America  in  a  wilderness  condition,  has  passed  awaj'. 
L'luler  the  genial  influence  of  the  United  States,  cities  rise  on  the  stations 
of  fur-traders,  and  agriculture  supersedes  hunting  and  trapping.  This 
coiulition  of  the  country  facilitates  the  final  recognition  of  the  rights 
of  the  United  States,  and  encourages  the  belief  that  an  award  favorable 
to  them  will  be  accepted  without  an  emotion  of  surprise  or  discontent. 


10  D 


^■|: 


•   "'i 

*    f 


[COJ 


APPENDIX    TO    THE    REPLY. 


No.  51. 


CORRESPONDENCi:  BETWEEX  MR.  BANCROFT,  MR.  BUCHANAN,  AND  LORD 

PALMEKSTON. 

Mr.  Bancroft  io  Mr.  Buchanan. 

London,  Noremher  3, 184G. 
Sir:         *  »  #  *  *  *  * 

While  in  the  Xavy  Department  I  caused  a  traced  copy  of  Wilkes's 
dmrt  of  the  Straits  of  Haro  to  be  made.    If  not  needed  in     ri»Mrut»mnaro 
the  Navy  Department  I  request  that  the  President  will  ti""^''""' '-"""'"J' 
direct  it  to  be  sent  to  this  Legation.    It  is  intimated  to  me  that  ques- 
tions may  arise  with  regard  to  the  islands  east  of  that  strait.    I  ask 
your  authority  to  meet  any  such  claim  at  the  threshold  by  the  asser- 
tion of  the  central  channel  of  the  Straits  of  Haro  as  the  main  channel 
intended  by  the  recent  treaty  of  Washington.    Some  of  the  islands, 
I  iiui  well  informed,  are  of  value. 
Very  respectfully,  &c., 

GEORGE  BANCROFT. 
lion.  James  Buchanan, 

Secretary  of  State. 


c^ 

m 


Mr.  Uiichan.Tn  in- 
f*tnut^  -Mr.  I'jitururt 
Hint  Hiiro  1^  the 
jimtiiiary  channt'I. 


Mr.  Buchanan  to  Mr.  Bancroft. 

DEPART3IENT  OF   STATE, 

Washlm/tony  December  28,  1840. 

S.R:  I  have  obtained  from  the  Navy  Department,  and 
now  transmit  to  you,  in  accordance  with  the  request  con- 
tiiiued  in  your  dispatch  No.  1,  [November  3,]  the  traced 

copy  of  Wilkes's  chart  of  the  Straits  of  Ihiro.  This  will  enable 
[COJ  you  to  act  understandingly  *upon  any  question  which  may  here- 
after arise  between  the  two  governments  in  respect  to  the  sov- 
ereignty of  the  islands  situate  between  the  continent  and  Vancouver's 
Island.  It  is  not  probable,  however,  that  any  claim  of  this  character 
will  be  seriously  preferred  on  the  part  of  Her  Britannic  Majesty's  govern- 
ment to  any  island  lying  to  the  eastward  of  the  Canal  of  Arro,  as  nnirked 
in  Captain  Wilkes's  "  Map  of  the  Oregon  Territory."  This,  I  have  no 
iloubt,  is  the  channel  which  Lord  Aberdeen  had  in  view,  when,  in  a 
conversation  with  Mr.  MacLane,  about  the  middle  of  May  last,  on  the 
subject  of  the  resumi)tion  of  the  negotiation  for  aH  amicable  settlement 
of  the  Oregon  question,  his  lordship  explained  the  character  of  the 
l>roi)osition  he  intended  to  submit  through  Mr.  Pakenham.  As  under- 
stood by  Mr.  MacLane,  and  bj^  him  communicated  to  this  department  in 


?'!, 


'?■  a 


148 


NOKTIIWEST    WATEK    1K)INI)ARY    AUHITUATIOX. 


liis  dispatch  of  the  IStli  of  the  same  month,  it  was,  "First,  to  dividi. 
the  territory  by  the  extension  of  the  line  on  the  ])araUel  of  Mr-'  to  tlio 
sea;  that  is  to  say,  to  the  arm  of  tlie  sea  called  IJirch's  Bay;  thenco  by 
the  Canal  de  Ilaro  and  Straits  of  Fuca  to  the  ocean,"  &.c. 
1  am,  sir,  respectfully,  your  obedient  servant, 

JAMES  BUCHANAN. 
CjEokge  Bancroft,  I'^sq.,  dr.,  dr.,  li-c. 

[Inclosure:  Chart  of  the  Straits  of  Juan  de  Fuca,  Pu^et  Sound,  (Jtc. 
r.y  the  U.  S.  l^x.  Ex.,  1841.] 


^wm'^ 


Sir; 


Mr.  Banvro/t  to  Mr.  Huvhanau. 

Lega'iion  of  the  United  States, 

London,  March  'J'J,  1817. 


>!r.  Bnnrrnji  uiirn' 
Mr.  Itiirhaniin  of  th< 
df^ittnt  (d'  tlit>  Htid 
N(»u'f»  Hay  Coiriitaiiy. 


AVhile  on  this  ])oint  I  ouftlit  to  add  that  my  attention 
has  agiiin  been  called  to  the  i)robable  wishes  of  the  lliul 
son's  Bay  Company  to  get  some  of  the  islands  on  our  .side 
of  the  line  in  the  Straits  of  Fuca.  I  speak  only  from  my  own  judgiin'iit 
and  inductions  from  what  1  observe  and  hear  ;  but  it  would  not  .surprise 
nie  if  a  formal  proposition  should  soon  be  made  on  the  i>art  of  the  Brit 
ish  Goverument  to  run  the  line  between  the  two  countries  at  the  ^vost 
from  the  point  Avhere  it  ttrst  meets  the  water  through  the  straits  to  tbe 
raciflc  Ocean. 

Such  a  proposition  is  in  itself  very  proper,  if  there  be  no  ulterior 
[61j  motive  to  raise  unnecessary  doubts  and  to  claim  islands  *tliiu 
are  properly  ours.  The  ministry,  I  believe,  has  no  such  design, 
Some  of  its  members  would  be  the  first  to  frown  on  it.  But  1  am  not 
so  well  assured  that  the  lludson's  Bay  Company  is  equally  reasonable. 
or  that  on  the  British  side  a  boundary  commissioner  might  not  beap 
l)ointed  favoring  the  encroaching  propensities  of  that  company.  *  * 
I  am,  &c., 

GEORGE  BANCROFT. 
James  Buchanan,  Esq.,  rf-c,  dc,  etc., 

^yaskington  City. 


Mr.  Bancroft  to  Mr.  Buchanan. 


Sir: 


United  States  Legation, 

London,  Augiifit  4,  1818. 


Mr.  nanrroft 

It'rtlt'W     ^^lth 
ralim'r(*lon. 


1.CM.I 


The  Hudson's  Bay  Company  have  been  trying  to  get 
a  grant  of  Vancouver's  Island.  I  iiupiired,  from  mere  fu- 
riosity, about  it.  Lord  Palmerstou  replied  that  it  was  an 
affair  that  belonged  exclusively  to  the  Colonial  Office,  and 
he  did  not  know  the  intentions  of  Lord  Grey.  He  then  told  me,  wliati 
had  not  known  before,  that  he  had  made  a  proposition  at  Washington 
for  marking  the  boundaries  in  the  northwest  by  setting  up  a  landmark 
on  the  point  of  land  where  the  forty-ninth  parallel  touches  the  sea,  aiul 
for  ascertaining  the  division  line  in  the  channel  by  noting  the  bearings 
of  certain  objects.    I  observed  that  on  the  main-land  a  few  simple^astro- 


miVlA'    OF   TIIK    T'NITKD    STATES APPENDIX. 


149 


iiomical  observations  were  all  that  were  requisite;  that  the  water  in  the 
(liaiiiiel  ot  llaro  did  not  re«iuire  to  be  divided,  sinee  the  navij;ation  was 
firo  to  both  parties;  th()ii<jfh,  of'eonrue,  the  i.shuids  east  of  the  eeiiter  of 
the  eliaiinel  of  JIaro  were  ours.  He  had  no  };-ood  ehart  of  the  Orejjou 
waters,  and  asked  me  to  let  hiru  see  the  traced  copy  of  Wiliies's  ehart. 
He  spoke  of  the  propriety  of  .settling;-  definitively  the  ownership  of  tluj 
several  islands,  in  order  that  settlements  might  not  be  bef;un  by  on(i 
party  on  what  proi)erly  belon<;s  to  the  other.  On  retnrninfi;  home  I 
sent  him  my  traced  copy  of  Wilkes's  ehart,  with  a  note,  of  which  1  in- 
close a  copy. 

1  am,  «S:c., 

OKOlKiK   I'.ANCPtOFT. 
Jamks  ]5ucnANAN,  Esq., 

lS<Ti-i:tiiry  of  iStute,  Washinyton.  1).  V. 


(J2I 


*.l//'.  Bancroft  to  Lord  Palmcrston. 


.VNCEOFT. 


no  Eaton  SciUAKE,  Jidy  31,  1848. 
My  Dear  Lord  :  As  your  lordship  desired,  I  send  for  your  inspection 
the  traced  copy  made  for  me  at  the  Navy  Department  of  Mriia„.rMitwrif, 
Wilkes's  chart  of  the  Straits  of  Juan  de  Fuca,  Puget's  Sound,  II,,!  "'iV/r';;'";;;'"!;;:; 
lice.  Unluckily  this  copy  does  not  extend  (juite  so  far  north  >"""'"> 
as  the  parallel  of  41)0,  though  it  contains  the  wide  entrance  into  the 
Straits  of  llaro,  the  channel  through  the  middle  of  which  the  boundary 
is  to  be  continued.  The  npi)er  jiart  of  the  Straits  of  IXaro  is  laid  down, 
thouffh  not  on  a  large  scale,  in  Wilkes's  mai)  of  the  Oregon  Territory, 
of  which,  1  am  sorry  to  say,  1  have  not  a  copy,  but  which  may  be  found 
ill  the  atlas  to  the  narrative  of  the  United  States  Exploring  Expedition. 
I  remain,  mv  dear  lord,  very  faithtully,  vours, 

(lEOKliE  DAXCKOFT. 
Viscount  Talmerston,  ilr.,  dr. 


Mr.  Bancroft  to  Mr.  Buchanan. 

United  States  Legation, 

London,  October  11),  1848. 

Si  I! :  1  send  you  a  map  of  Vancouver's  Island,  recently  published  by 
Jiiiiies  Wyld,  geographer  to  the  Queen.  Jt  [uiri)orts  to  mark,  „,.  ii„,n..t  ,,.„■ 
liy  a  (lotted  line,  the  boundary  between  the  IFnited  States  'Zr'ni^^T'i^uIZ 
and  Great  ]>ritain.  You  will  see  that  this  map  suggests  an  "">  i- ■....!,■. 
t'licioachment  on  our  rights  by  adopting  a  line  far  to  the  east  of  the 
Straits  of  llaro.  You  may  remember  that  ^Ir.  lioyd,  more  tlian  two 
years  ago,  suggested  to  you  that  a  design  of  i)referring  some  siuih  claims 
existed,  1  infe>'red,  from  what  I  couhl  learn  at  that  time,  that  this  de- 
sign grew  up  with  the  Hudson's  Bay  Company,  and  I  iia<l  no  reason  to 
siq»pose  it  favored  by  the  Colonial  Secretary.  #  #  # 

1  am,  &c., 

GEOKGE  DANCliOFT. 
Ja^mes  Buchanan,  Esq., 

^Secretary  of  IStatc,  Wafiliinyton,  L\  C. 


w 


150 


NOKTllWKST    WATER    IIOUNUAUY    AUHITKATION. 


[03] 


*Mr.  lianvrol't  to  Lot  4  Valmerston, 


108  Katon  H(,>UAUE,  JS'oi'cwicr  .{,  iSls. 
My  Loud  :  I  did  not  for/^et  your  loi'<l.slni»'s  desire  to  see  the  United 
Mr.  ii.n  ron  nit,  ^tsiles  wuiveyH  of  the  waters  of  ru};«'t's  Hound  and  tlidsc 
V;,\nlr''ln'M''ih,,I '.'h'.l  di\  iding  \'ancouver'.s  Island  from  our  territory. 
l'hn,Vii!ili!^.mMM'l.'ni  These  surveys  luivo  been  reduced,  and  have  Just  hccn 
"" «''"""""' "'r'  pnblislied  in  threti  ])arts,  and  I  transmit  for  your  ionlsliips 
acceptance  the  lirst  copy  which  1  have  received. 

The  surveys  extend  to  the  line  of  41P,  and  by  combining  two  of  tlic 
charts  your  lordship  will  readily  trace  the  whole  course  of  the  channel 
of  J laro,  through  tlie  middle  of  which  our  boundary  line  i)asses.  1 
think  you  will  esteem  the  work  done  in  a  manner  very  creditable  to  tlic 
young  navy  ollicers  cf)ncerned  in  it. 
J  have  the  honor,  &c., 

<;k()1{(;h  jja>xi{oft. 

Viscount  PAL:\iEit.STON,  tic.,  Ac. 


Lord  Palmcrston  to  Mr.  liaucro/f. 

Foreign  Office,  Xovemhcr  7,  184s. 
Sir  :  I  beg  leave  to  return  you  my  best  thanks  for  the  surveys  of  Tii 
i.or.i  r»i,uir.t„n  gct's  JSouud  aucl  of  the  (Julf  of  (.leorgia,  which  accompanieil 

PIVIM        I  111'       ill  l|IUl'-<-  1        1    .  1'      il  •->     1       •  i.  i. 

,,„ieni»ii,.,i,,.,„iiii.  your  letter  ot  the  .)d  instant. 

I'.'iln'iMr'y.'""  ""' '"  Tlic  infomuitii.u  as  to  soundings  contained  in  these  cliaits 
will  no  doubt  be  of  great  service  to  the  (jommissioners  who  are  to  be  up 
l)ointed  under  the  treaty  of  the  l.jth  of  June,  1840,  l)y  assisting  them  in 
tletermining  where  the  line  of  boundary  describe(l  in  the  lirst  article  of 
that  treaty  ought  to  run. 

1  have  the  honor  to  be,  with  high  consideration,  sir,  &:c., 

rAL.^IEKSTON. 
George  13aN('Roft,  Esq.,  ttc,  etc.,  ilc. 


[04] 


•li 


*:So.  52. 
3Ir.  Bancroft  to  Mr.  CamiibcU. 


Sir; 


Mr.  IJ.Tiirrnf!  rt'^Th 
Mr.  Catiiplifll  til  hi« 
»■  irrfvp-'ruienie  wiih 
L  >rd  I'ahuer.ston. 

of  Oregon. 


New  York,  June  15,  ISoS. 

Your  letter  of  May  27^has  but  just  reached  me,  in  consequence 
of  my  absence  from  home  on  a  long  journey. 

I  was  in  the  administration  of  Mv.  Polk  at  the  time  when 
INIr.  Buchanan  perfected  the  treaty  for  settling  the  boundary 
The  basis  of  the  settlement  v^'as  the  parallel  of  49°,  with  the 
concession  to  Britain  of  that  part  of  Vancouver's  Island  which  lies  soiitli 
of  4!)°.  The  United  States  held  that  both  parties  had  a  right  to  the  free 
navigation  of  the  waters  round  Vancouver's  Island,  and  therefore 
consented  that  the  British  boundary  should  extend  to  the  center  of  'he 
Channel  of  Haro.  Such  was  the  understanding  of  everj'body  at  the 
time  of  consummating  the  treaty  in  England  and  at  Washington.  The 
Hudson's  Bay  Company  may  naturally  enough  covet  the  group  ot 


•i!m. 


..^*v.?a8fiv 


REPLY    OF    THK    UNITED    STATE8 — AI'PEN'MX. 


151 


iNCKOFT. 


isliiiitis  cast  of  tliat  channel,  but  tlio  dosiio,  whicli  nevor  can  amount  to 
a  claim,  shouhl  not  \w  listcncil  to  tor  a  monu'iit. 

While  1  was  ii'  lOnfjland  no  minister  was  preposterous  enou<,'li  to  leiul 
tho  authority  of  the  JJritish  {jovernment  totiie  eiipidi'^y  of  llie  Hudson's 
IJiiy  Company  in  this  particular.  I  think  you  must  find  in  the  J)('part- 
iiioiit  of  tStato  51  co[)y  of  a  very  short  letter  of  mine  to  liord  Palmer- 
stoii,  indosinj?  him  a  «;hart  of  those  waters  as  drawn  l»y  our  own  Ooast 
Survey.  1  think  in  that  letter  1  mentioned  the  (ienter  of  the  Stiaits  of 
Iliuo  lis  the  boundary.  TUat  chart  wtudd  show  by  tin*  depths  of  the 
>oiuidiu<;s  that  the  Straits  of  llaro  are  tlu^  channel  intended  in  the 
tiviity,  even  if  there  had  not  been  a  distiiutt  understandin;;'  on  the  part 
(if  tlie  Ib'itisli  f>-overnment  as  well  as  tlu'  American  at  tlu'  time  of  the 
si;;iiin{;  of  tlie  treaty.  Lord  I'almerston,  in  his  reply  acknowledf,nn;i- 
the  receipt  of  the  cliart,  nnuh^  no  ju'etense  of  adoptinjj  the  wishes  of 
the  Hudson's  IJay  Company^  an<l  he  never  did  so,  even  in  conversation. 
I  never  had  occasi«)n  in  Jin;>Iand  to  make  any  i>ereniptory  stat«Miient  on 
ilic  subject,  because  nothinj4' was  ever  said  or  hinted  there  which  re- 
i|iiire(l  it;  but  whenever  conversation  turned  npou  the  subject,  whether 

with  Lord  ralmeiston  oi  with  the  Under  Secictary  of  the  Colonial 
[05]     Otlice,  *1  always  sjxike  of  the  Strait  of  llaro  as  undeniably  the 

channel  of  the  the  treaty,  and  no  member  of  the  I'r'^ish  govern 
inoiit  ever  took  issue  with  me.  In  runniny  the  line  throng: h  the  cente'r 
(if  tlie  Straits  of  llaro  there  may  be  one  or  two  small  islands  about 
which  a  question  might  be  raised,  but  as  to  the  importiuit  group  that 
the  Hudson's  liay  Company  covet,  the  demand,  if  ma'l- ,  should  be  met 
;it  the  outset  as  one  too  preposterous  to  be  entertained  as  a  'luestion. 

Yours,  siiM'f^ji'ly, 

GEOllGE  r.ANCKOFT. 

AllCIIILALD   CAMI'IJKLL,  Ks(|., 

CommiHswner,  d'c. 


No.  o3. 


I  conseqnouce 


Declaration  of  Itcar-Admiral  Wilkes. 

Washington  Citv,  Fchruart/  JO,  1S72. 

In  answer  to  the  memoraiulum  on  the  llaro  question,  I  have  to  state 
that  1  have  a  full  knowledge  of  the  Islands  and  waters 
lying  between  the  Straits  of  Fuca  and  tiie  Crulf  of  (Georgia,  \v'ik.''M,nt'ci.-in' 
having  surveyed  the  whole  whilst  1  was  in  command  of  the  '"'"'  """ 
L'nited  otates  exploring  expedition,  and  1  state  of  my  own  knowledge 
that  the  Canal  de  llaro  is  the  best  and  shortest  route  between  the  same. 
The  dei)th  of  water  is  very  great  and  all  obstructions  to  the  navigation 
of  the  Canal  de  llaro  are  visible.  Indeed  it  nniy  l»e  said  to  be  an  aim 
of  the  sea  passing  from  the  Straits  of  Fuca  to  the  Crulf  of  Georgia  and 
separating  the  Island  of  Vancouver  from  the  main  or  continent  of 
America,  comprising  now  the  Territory  of  Washington,  and  it  is  the 
natural  communication  between  the  Gulf  of  Georgia  and  Fuca  Straits, 
leading  or  trending  north  and  south,  and  has  now  become  ihe  great 
highway  of  commerce,  between  Victoria,  on  the  Island  of  Vancouver, 
ami  the  Fraser's  river,  a  few  miles  uorth  of  the  forty-ninth  parallel,  the 
houiidary  of  the  United  States  and  the  Northwest  British  America.  The 
strait  of  Haro  may  be  navigated  at  all  times,  day  or  night,  with  i)erfect 


m 


TTTTfWf"'" 


152 


NORTHWEST    WATER    BOUNDARY    ARBITRATION. 


I'  fl 


fu 


safety,  and  nature  has  conferred  upon  it  all  that  couhl  be  desired  to  be 
a  well-defined  national  highway,  between  the  island  of  Vancouver  and 
the  smaller  and  intricate  passages  through  the  small  archipelago  iyiiifr 
on  its  eastern  side,  which  all  are  more  or  less  intricate,  narrow  in  places 
to  a  few  hundred  yards,  and  with  very  rapid  tides.  One  of  tiiesc 
[60J  passages  *lyingon  the  east  of  this  small  archipelago  was  nauicd 
by  me  as  llinggoiJ  Channel,  but  at  times'  called  the  Kosario 
Strait;  its  width  does  not  entitle  it  to  the  name  of  a  strait,  and  with  its 
many  and  dangerous  islets,  rocks,  and  shoals,  it  is  a  very  unsafe  and 
difficult  channel  to  navigate  even  in  the  daytime,  and  impossible  with  any 
assurance  of  safety  iu  tlie  night  time.  It  cannot  be  compared  with  the 
Strait  of  Haro  in  any  point  of  view,  and  can  only  be  used  by  small  vessels 
seeking  anchorage  in  the  event  of  disaster,  and  bad  or  boisterous 
weather.  While  the  Strait  of  Haro  affords  like  facilities  for  anchoraK(! 
under  the  islands  on  the  east  side,  it  may  be  safely  navigated,  and 
attbrds  ample  protection  in  its  sea-room  for  the  largest  class  of  vessels. 

The  Strait  of  Haro,  though  known  at  the  time  of  my  survey  in  18H, 
it  was  not  visited,  as  there  were  no  vessels  engaged  in  those  waters, 
except  the  small  aiul  very  inefficient  steamer  called  the  Beaver,  com 
manded  by  Captain  McNeil,  who  spoke  of  it  to  me  as  the  best  passage, 
although  he  was  obliged  to  pass  through  the  Kosario  passage  on  account 
of  the  necessity  of  seeking  the  small  coves  at  night  in  ))assing  aloni; 
the  east  shore  towards  Fraser's  river  to  supply  the  Post  of  the  Hudson's 
Bay  Company,  and  this  was  only  achieveil  twice  a  year. 

All  the  vessels  now  engaged  in  the  trade  from  Victoria  to  Frasei's 
river  andtheGulf  of  Georgia,  invariably  pass  through  the  liaro  Straits, 
which  verifies  my  opinion  when  1  first  surveyed  it  that  it  would  become 
the  great  and  only  highway  between  the  Straits  of  Fuca  and  the  Gulf 
of  Georgiii,  and  such  it  lias  now  become.  I  consider  that  in  the 
treaty  between  the  British  government  and  the  United  States  there  is 
no  other  passage  that  could  be  considered  as  adapted  to  the  terms  ol 
the  treaty,  and  both  parties  to  that  instrument  must  have  been  of  like 
views  in  relation  to  it.  All  the  charts  used  as  information  show  the 
same  broad  channel  and  superiority  of  the  Gulf  of  Ilaro  over  any  other 
line  to  the  sea,  and  there  can  scarcely  be  a  doubt  that  it  was  so  under 
stood  bv  the  (.'oniniis.sioneis  of  both  sides, 

CHARLES  \vn.Ki:s, 

RturAdmlrnl  of  the  Uniti'd  states  V«n/. 


[G7]  *X(..  .-[. 

Co)itiii(nlvrr  Case  to  (he  tSccrchtri/  of  flic  Xaci/. 


Sir: 


Strttcmf'iit  ct  CiiTi 
IIIOiliMc    Cri-i'  Ml  tl 

liimil  de  Ilaro. 


r,ri;F,.\r  of  ()iji).\an<  k,  Xavv  Diu'Aimmfa'T, 

Fchnianj  1.".,  l.STl'. 

*  *  #  #  #  *  ,* 

I  was  a  Lieutenant  on  board  of  the  slooi>-or-\viir 
"  Mnceniies,"'' attiU'lied  to  the  United  States  expedition 
commanded  by  Lieutenant  Charles  Wilkes,  and  on«>  of  the 
surveying  party  in  July,  1841,  whi(di  surveyed  the  canal  de  Haro,  the 
nuun  ship-channel  for  vessels  bound  from  the  sea  northward  inside  ot 
Vancouver's  Island,  for  the  Strait  of  Georgia,  Fraser's  Iliver,  &(!. 

The  canal   is  <leep,  clear,  and  navigable  tor  vessels  of  all  sizes  or 
draught. 


REPLY    OF   THE    UNITED    STATES APPENDIX. 


153 


While  we  were  engaged  in  the  survey  of  the  Straits  of  Juan  <le  Fuca 
iiiid  its  adjacent  waters,  the  only  vessel  then  navigating  them  was  the 
Hudson  Bay  Company's  steamer  Beaver,  which  was  employed  by  it 
supplying  stores  to,  and  collecting  peltry  from,  its  tr.ading-ports  on  the 
coast,  and  which,  I  am  of  the  opinion,  use<l  either  the  canal  «le  Ifaro,  or 
Straits  of  llosario  channels  according  as  to  where  she  was  coming  from 
and  bonnd  to. 

When  coming  from  the  sea  and  bound  north  for  the  straits  of  Georgia, 
Fraser's  river,  or  any  ])lace  inside  of  and  adjacent  to  Vancouver's  Island, 
the  main  sbip-channel  is  the  Canal  de  Uaro,  it  being  the  nearest  and 
most  direct.  But  when  coasting  along  the  main-land  and  bound  north, 
from  any  of  the  ports  in  Puget's  sound.  Hood's  canal,  &c.,  for  the 
strait  of  Georgia,  Fraser's  Kiver,  «S:c.,  the  straits  of  Kosario  would  bo 
tbe  nearest  and  most  direct.        *  *  #  *  »  *  » 

II.  LUDLOW  CASE,   U.  S.  A., 

Commodore  and  Chief  of  Bureau. 


No. 


ih). 


Mr.  GihhH  to  the  Secretary  of  State. 


Statiiii'iil 

■:iW    (ill.l.. 

<iiiuil  cli-   Mill' 


Hi-    Mr. 
..I,  111.. 


77  Wall  Street,  New  Haven, 

February  L'O,  1S72. 
f^i^i .         #  #  *  #  #  # 

The  superior  depth  and  width  of  the  Canal  de  Haro  are 
tally  exhibited  not  oidy  on  \Vilkes"s  Charts,  but  on  those  ';■ 

of  our  own  Coast  Survey,  and  I  presume  on  those 
fOSj  of  the  British  Commission  *nn  the  boundary.  It  would  bo  there- 
fore useless  to  add  any  merely  verbal  statement  as  to  that  fact. 
The  reason  for  A''ancouver''s  not  surveying  it  was,  that  his  object  being 
ro  tiiid  a  passage  to  the  eastward,  he  hugged  the  main  shore  on  return- 
ing from  the  examination  of  Admiralty  Iidet  and  l*uget's  Sound,  and 
tlius  wont  northwaid  through  what  is  now  called  llosario  Strait; 
hut  that  it  Avas  known  to  him  from  the  charts  of  (Juadra  is  evident 
I'loni  his  having  laid  it  down  on  his  chart  by  the  name  of  the  canal  d(^ 
•'  Arro,"  and  his  delineation  of  the  whole  grou})  of  the  disputed  islands. 
The  reason  that  (Jovernor  Siiniison,  in  his  voyage  from  Xiscpially  to 
Sitka,  (Overland  .Journey  lioniKl  the  World,  during  tlu^  .Acars  LSI]  and 
IS I'J,  by  Sir  George  Simpson,)  took  the  same  imssage,  was  doubtless 
lu'causc,  liowi'ver  roundabout  tVoni  the  Strait  of  I-'nca,  it  is  llie  most 
iliicct  ti'oin  Admiralty  In'ct.  The  |)retens(^  that  Ilic  Hudson  Bay  Com- 
pany was  unaware  of  tlii^  existenci'  of  tlie  Canal  de  llaro  is  as  absurd  as 
it  Would  be,  were  llie  inhabitants  of  Ibftoklyn  to  ij^noie  the  ]>assage 
hctwciMi  I^oiig  and  Stafcu  Islands,  and  claiiu  the  Kill  \vn  Kull  as  tlie 
outlet  of  the  Sound  and  Hudson  Ifiver  to  the  sea.         *         *         * 

It  apiicars  fi'»m  Mr.  If.  M.  3Iartin's  work  on  '-The  Hudson's  Hay  Tcr- 
I'itorii's  iuid  Vancouver  Island,  London,  l.S41>,''  pagi'  .'».■>,  that  "  the  Chief 
I'actor"'  |sin(;e  Governor  Sir  ./anies  Douglas]  "surveyed  the  south  coast 
of  Vancouver's  Island  iu  1S12,  and,  after  a  carelul  survey,  tixe<l  on  the 
jtort  of  Camosaek"  [now  ^'iet(n'ia|  "as  the  most  eligil)le  sitti  Un-  the 
llndson's  Bay  Comi»any\s  factory  wjthin  the  Straits  of  de  "  l-'uea  ;"  and 
Inrther,  Mr.  i)oi,, las,  after  investigating  the  south  coast  of  the  Island, 
says,  "(.'amosack  is  a  pleasant  and  convenient  site  for  the  establishment, 


i; 


m, 


154 


NORTHWEST   WATER    HOUNDARY    ARIUTRATION. 


within  fifty  yards  of  the  anchorage,  on  the  border  of  a  hirge  tract  of 
clear  land,  which  extends  eastward  to  Point  Gonzalez  at  the  southeast 
end  of  the  island,"  &c.  No  man  who  knows  (Joveruor  ]3ouglas  will 
charge  him  with  stupidity,  negligence,  or  want  of  knowledge  of  bis 
own  interests,  and  it  is  drawing  too  much  on  human  credulity  to  sun- 
l)()se  that  his  examinations  did  not  lead  to  a  knowledge  of  the  strait, 
if  he  was  not  aware  of  it  before.  At  any  rate  the  Indians  who  fre- 
quented the  new  trading-post,  coming  not  only  from  the  Gulf  of  Geor 
gia,  Johnston's  Straits,  and  the  northern  end  of  Vancouver  Island,  l)iit 
from  (Jueen  Charlotte's  l.slands  and  the  whole  northwest  coast  as  far  as 
the  liussiau  possessions,  knew  and  pursued  the  passage  of  the  Canal  de 

llsiro  and  that  only,  and  do  so  still. 
[OD]         *With  regard  to  the  channel  actually  in  use  .'it  present,  I  can 

l)Ositively  state  that  the  Itosario  Strait  is  not  followed  Jit  present 
at  all,  by  vessels  of  the  Hudson's  liay  Company;  nor  is  the  Strait  ot 
llaro  in  its  entire  length.  Vessels  bound  northward  from  Victoria  fol- 
low the  latter  as  far  as  Stuart  Island,  and  thence  take  the  channel 
between  Salt  Spring  Island  on  the  east  and  the  Saturna  group  on  the 
west,  going  out  into  the  Gulf  of  Georgia  by  Active  Passage,  between 
that  grou])  and  Galiano  Island,  thus  cutting  off  the  detour  round  Java 
Head,  and  taking  an  almost  straight  line  from  the  southern  entrance  of 
the  Canal  de  Jlaro  to  the  middle  of  the  Gulf  of  Georgia  on  the  forty- 
ninth  parallel,  and  to  the  mouth  of  Fraser  river.  This  interior  passaj^o 
is  perfectly  navigable  for  large  vessels,  as  in  fact  it  is  beyond  the  forty 
ninth  parallel.  Captain  Prevost  himself  having  gone  through  Viraj;i) 
])assage  in  ller  Jjritannic  Majesty's  ship  of  that  name  long  before  the 
Eounclary  Commission  was  organized. 

There  seems  to  exist  a  general  misapprehension  of  the  amount  of  trade 
carried  on  by  the  Hudson's  Bay  Company's  or  other  British  vessels  on 
these  Avaters.  Prior  to  the  treaty  of  1840,  Fort  Vancouver,  on  the 
Columbia  river,  was  the  great  depot  for  the  receipt  and  distribution  of 
goods  for  the  northwest  coast,  as  well  sis  the  interior,  and  the  annual 
ship  from  London  delivered  its  cargo  there.  All  furs  were  likewise  re- 
ceived and  packed  there  for  transportation.  Fort  Langiey,  on  Fraser 
Kiver,  was  the  nearest  post  of  any  magnitude.  Fort  Nisqually,  on 
Puget's  Sound,  belonged  to  the  Puget's  Sound  Agricultural  Company, 
and  according  to  the  testimony  in  the  case  of  the  Hudson's  Bay  aim 
Puget's  Sound  Agricultural  Companies'  Claims,  the  goods  received  there 
were  purchased  of  and  accounted  for  to  the  Hudson's  Bay  Company,  it 
nc'-er  was  a  distributing  post  of  the  latter.      ##**'■ 

GEOIIGE  GIBBS, 
Late  United  ^tatea  Gcoloffist,  yorthit'CHtefn  Boundary  iSurvv]). 


Ko.  30. 


Extract  from  letter  of  Messrs.  Caniphell  and  Parke  to  the  Secretari/  of 

IStatc. 

Washington,  February  3,  187-'. 

♦  ■«•*###* 


Sir: 


tllH  Hml-nirr*  H(iy 
I'tinipiiny  imimI  tin* 
F-rt-i'ii)|f(|     H  (I  8  n  r  i  n 

H'lillt-. 


A  map  should  be  examined  showing  the  relative  ]iosi- 

tion  of  the  Hudson  Bay  Company's  establishment  at 

[70]      Victoria  on  Van^couver's  Island,  Nisqually  on  Paget 

Sound,  and  Fort  Laugley  on  Fraser  Itiver,  and  the 


REPLY    OF    THE    UNITED    STATES APPENDIX. 


155 


position  of  the  Canal  de  Earo  and  Eosario  Straits  as  avenues  of  coninui- 
iiication  between  the  three  poii.ts.    It  would  be  well  also  to  consider  the 

relative  importance  of  these  three  establishments  in  those  waters. 

********* 

It  is  not  at  all  probable  that  any  vessel  from  foreign  parts  or  from  the 
Columbia  lliver  ever  did  comnuinicate  directly  with  Fort  Langley  (on 
I'raser  Kiver)  without  touching-  at  the  other  posts  on  the  lower 
waters,  Victoria  and  Nisqually.  It  is  well  known,  on  the  contrary, 
that  these  trips  of  the  Hudson's  Bay  Company's  vessels  were  made 
periodically  for  the  purpose  of  <listributin{]f  the  regular  supplies  of  food 
iiiul  merchandise  for  trading  puri)oses,  and  receiving  in  return  the  furs 
collected  at  the  several  posts.  xTow,  by  referring  to  the  nmi>,  it  will  be 
seen  that  a  vessel  leaving  the  Columbia  Kiver  for  the  foregoing  purpose 
would  first  touch  at  Victoria,  then  at  Nisqually,  and  then  at  Fort  Lang- 
Icv  oil  Fraser  Kiver.  In  making  this  trip  no  navigator  would  dream  of 
taking  the  Canal  de  Haro  iji  sailing  from  !Nisqually  to  Fort  Langley, 
when  the  more  direct  and  much  shorter  route  lay  through  Kosario 
Straits.  *  *  Although  Kosario  Strait  was  generally  used,  (and  good 
reasons  have  been  given  herein  for  this  general  use,)  the  Canal  de  llaro 
was  not  oidy  known  by  these  very  Hudson  Bay  Company's  employes  to 
he  navigable,  but  by  their  own  athdavits  it  is  shown  that  two  of  their 
own  vessels  made  successful  passages  through  this  channel  prior  to  the 
date  of  the  treaty.  ****** 

AKCHIIiALD  CAIMPBELL, 
Late  United  i^'tates  Boundary  Commissioner. 

JNO.  G.  PARKE, 
Major  of  Engineers,  Brevet  Major-General. 


'>i 


Ko. 


Oi, 


Mr.  Campbell  to  the  Secretary  of  State. 

Washington,  January  19,  1872. 

1  can  say  from  my  own  knowledge  that  after  the  discovery  of  gold  on 
Fraser  Kiver  in  1858,  the  canal   de  Haro  was  the     rhp  hto  rhwnei 
[71]     *ordinary  channel  of  communication  between  Victoria  "" " '"' "'"'"''' 
and  British  Columbia,  and  doubtless  now  is,  and  ever  will  be. 

AKCHIBALI)  CAMPBELL, 
Late  United  States  Bound<(ry  Cnnimissioner. 


Xo.  58. 
The  Attorney-General  to  the  Seeretary  of  State. 

Department  of  rlrsTicE, 

Washington,  A2>ril  G,  1872. 
Sir  :  I  have  the  honor  to  inclose  for  your  consideration  and  use    *     * 
a  statement  i)repared  and  addressed  to  me  by  Henry  K,  Crosby,  esq., 
lor  wliosii  reliabilitv  I  am  willing  to  vouch.      *  *  * 

(JEO.  H.  WILLIAMS, 

Attorney-General. 
Hon.  Hamilton  Fish, 

Secretary  of  State, 


d 


'^p, 
,^i 

v'^; 


'^1 


^mw* 


I'' '- 


b. 


•ii 


156 


NORTHWEST   WATER    I$OUNDARY   ARBITRATION. 


Mr.  Crosby  to  the  Attorney- General. 


Washington,  D.  C,  April  2,  187L'. 

Sir:  In  compliance  with  your  refjuest  that  I  would  furnish  you  witli 
any  information  which  I  may  possess  with  regard  to  the  navigation  oi 
Kosario  Straits  by  British  aiul  other  vessels  previous  to  184(),  and 
whether  this  or  the  canal  de  Ilaro  was  the  channel  most  frequently  n.sjd 
up  to  that  period  and  since,  these  being  the  channels  now  in  dispute  as 
to  which  is  the  true  boundary  line  on  the  northwest  coast  between  tbe 
United  States  and  Great  Britain,  I  have  the  honor  to  make  the  follow- 
ing statement,  prefacing  it  with  a  brief  account  of  my  opportunities  for 
acquiring  this  information,  and  the  sources  from  which  it  was  derived. 

I  was  a  resident  of  Washington  Territory  from  1853  to  1800.  I  was 
for  several  terms  a  member  of  the  territorial  legislature  and 
[72]  *in  the  discharge  of  my  ofticial  duties  had  occasion  to  thoronghly 
investigate  the  subject  of  the  claims  of  the  Hudson  Bay  Company, 
and  its  branch  organization,  the  Paget  Sound  Agricultural  Company, 
which  foreign  corporations  at  that  time,  and  for  several  years  afterward, 
retained  their  trading-posts  and  establishments  in  different  portions  of 
the  territory.  This  was  a  source  of  much  complaint,  as  they  claimed 
large  tracts  «)f  unoccupied  land,  and  thus  materially  interfered  with  the 
settlement  of  the  country. 

The  searching  for  the  foundation  of  these  extensive  claims  necessarily 
involved  the  history  of  all  the  region  west  of  the  llocky  Mountains  and 
north  of  the  Columbia  Kiver  to  the  forty-ninth  parallel. 

3ry  information,  other  than  the  facts  of  which  I  was  personally  cogni- 
zant during  my  seven  years'  residence,  was  derived  from  statements 
made  me  by  persons  who  had  been  in  the  country  many  yeiirs.  Amonjr 
these  were  the  earlier  missionaries,  both  Protestant  and  Catholic,  tlic 
tirst  settlers,  old  trajjpers,  and,  in  ntiuy  instances,  the  chief  factors  and 
traders  of  the  Hudson  ]>ay  Company.  One  of  the  topics  of  fiequent 
conversation  was  the  early  navigation  of  Paget  Sound  and  the  adjacent 
waters.  I  gleaned  from  corroborating  evidence  the  following  facts.  At 
the  time  of  the  treaty  of  ISKJ,  the  vessels  employed  between  Victoria, 
the  trading-post  at  Xiscjually,  near  the  head  of  the  Sound,  Fort  Langlcy 
on  Praser  Iviver,  and  the  other  posts  on  tlie  northern  coast,  were  tlie 
Hudson  l>ay  Company  steamer  Heaver  and  the  sclu  ner  Cadboro.  The 
company  cnvned  two  or  three  small  biigs,  Avliich  wei'c  principally  used 
in  the  trade  with  California  and  the  San(h\  icli  Islands.  Each  year  twu 
ships  were  dispatched  iVom  England,  bringing  out  trading  goods  and 
other  su|»i>lies  and  returning  witli  the  furs  coIIccUmI  at  tlie  depots  of  Vit- 
toiia  and  l-'ort  A'ancouver, on  the  Columbia  JJiver,  from  the  various  trad- 
ing-iK)sts  (tn  the  coast  and  in  the  interioi,  west  of  the  Kocky  ^lonntains. 
On  the  ariival  of  tlies«>  sliii)s  all  of  the  jtosts.  botii  of  the  interi(n'  and 
the  coast,  wito  litted  out  with  what  was  estimated  as  a  su])|tly  snfllcieiit 
to  answer  lor  trading  pur[)os('s  and  the  snpi»ort  of  the  enqtloyes  for  a 
yeai'  ahead. 

The  usual  course  for  the  two  vessels  especially  assigned  to  this  duty 
on  the  sound  ami  northern  coast  was  in  the  spring  of  each  year — wliieli 
was  the  time  of  the  arrixal  and  distril)ution — to  take  sni>i)lies  up  to 
Nisqinilly  for  that  post  and  the  station  at  Cowlitz  Plains,  some 
j73|  (ifty  miles  south.  The  extensive  farm  at  this  *  latter  place  was 
started  for  tin;  i)urpose  of  raising  grain,  jiotatoes,  and  other  vege- 
tables, for  the  snjiply  both  of  the  northern  posts  and  the  Ilussian  pos- 
sessions at  Sitka  and  the  Aleutian  Islamls.  For  their  breadstuffs  the 
KussiaiiAinericans  were  entirely  dependent  niion  this  farm,  and  the 


KEPLV    OF    THE    UNITED    STATES — APPENDIX. 


157 


Piiget  Souud  Agricultural  Company  bad  therefore  with  them  a  large 
ami  lucrative  trade.  At  Nisqually  were  large  herds  of  cattle,  which 
were  slaughtered  as  refjuired  and  salted  down.  These  provisions  were 
taken  on  board  the  IJeaver  and  Cadboro,  and,  with  the  other  supplies, 
delivered  at  the  posts  on  Fraser  Kiver  and  up  the  coast. 

Coming  down  from  ^Nisqually,  the  masters  of  the  vessels  naturally,  in 
tbei*"  tiips  to  Fiaser  lliver,  turned  into  Kosario  Straits.  From  up  the 
s'^iuid  it  was  the  tirst  channel  which  led  off  to  the  north. 

I  have  mentioned  this  customary  jnanner  of  delivering  the  annual 
supplies,  because  it  is  the  principal  reason  why  the  Kosario 
Straits  at  that  time  was  generally  used  by  the  fur  company's  n.Hin.."strTur«!,';, 
vessels.  Another  cause  may  be  found  in  th(i  fact  that  the 
(anal  de  llaro  is  a  broad,  deep  arm  of  the  sea,  being,  in  fact,  but  a  con- 
tiiniation  of  the  straits  of  Fuca,  sweeping  in  with  a  rushing  tide,  and 
meeting  the  waters  of  the  Gulf  of  Georgia  at  its  northern  end.  Its 
extreme  depth  made  it  difficult  to  And  good  anchorage. 

Kosario  Straits  is  a  very  much  narrower  chamu'l.  It  is  not  compara- 
tively deep,  is  well  sheltered,  and  artbrds  everywhere  seiMire  anchorage. 
Of  late  years  it  has  been  found  to  be  dangerous  for  large  shii)s  on  account 
of  sunken  rocks,  but  the  vessels  then  navigating  it  were  small,  and 
therefore  of  light  draught,  and  ran  little  or  no  risk  on  that  account. 

The  statement  that  the  canal  <le  Ilaro  is  a  chaniu'l  but  recently  known 
is  absurd.  The  steanu'r  Beaver  went  through  it  years  before 
the  treaty,  and  that  the  schooner  Cadboro  did  so  is  estab-  u..-,M.'y' nV  «■  Jw 
lished  by  the  fact  that  one  of  the  passages  leading  into  the  l^.V'V  n^ '"'I'-i'm 
canal  de  Ilaro  is  known  by  the  name  of  the  Cadboro  Pass. 
All  the  northern  Iiuliaus  who  came  to  ^'ictoria  to  trade  passed  through 
the  canal  de  Jlaro,  as  did  also  the  Indians  from  Fraser  Kiver  and  the 
eonipany's  factors  and  tra<lers  at  the  i>osts  on  that  river  who  frequently 
visited  Victoria  between  the  trijjs  of  the  supply-vessels.  In  1853  Ad- 
ininil  (then  Lieutenant)  Alden  passed  through  the  canal  de  Jlaro  in  the 
United  States  Coast-Survey  steamer  Active.  Governor  Douglas,  of 
A^ancouver's  Island,  gave  him  much  valuable  information  concern- 
|74]  ing  it,  andevinceda  tlioroughand  complete*knowledgeof  its  tides 
and  depth  of  water.  Douglas  was  the  governor  by  virtue  of  being 
the  senior  chief  factor  of  the  Hudson  Kay  Comi)any.  He  had  selected 
the  site  ami  established  the  post  at  Victoria  in  1842.  A  man  of  great 
energy,  he  made  himself  accpuiinted  with  everything  relating  to  the 
interests  of  the  company  he  represented,  and  this  involved  not  only  a 
knowledge  of  the  fur-trade  and  the  character  of  the  Indians,  but  also 
that  of  the  surrounding  country  and  its  adjacent  waters. 

In  tile  spring  of  1854,  on  a  visit  to  Victoria,  I  was  a  witness  to  the 
fact  that  Canal  «le  llaro  was  the  channel  used  by  the  Eng-  ,„,„|,,,.  H.n.  n,,. 
lish  vessels.  At  that  time  (juite  a  considerable  trade  had  i'"'*-""!"''""! 
si)ruug  up  W.I..  Nanaimo,  in  consequence  of  the  working  of  the  exten- 
sive coal-mines  at  that  i)la(!ej  which  is  on  the  eastern  side  of  Vancou- 
ver's Islaml,  near  the  ttftieth  parallel.  I  was  sthnding,with  several  other 
persons,  watching^  a  large  bark,  which  had  just  left  the  harbor,  and 
under  full  sail  was  heading  up  the  passage,  when  one  of  the  party,  an 
old  Hudson  Kay  Comi>any  ship-master,  remarked,  "  If  the  breeze  holds 
she  will  go  through  llaro  straits  flying;  but  if  it  fails,  she  will  drift  a 
long  way  before  ftnding  anchorage.  The  channel  is  so  broad  and  the 
straits  so  deep  that  it  is  like  being  out  at  sea." 

From  1854  to  1800, 1  was  frequently  at  Vancouver's  Island,  and  know 
personally  that  Canal  de  Haro  was  the  usual  route  to  Fraser  river,  the 
Nanaimo  coal-mines,  and  the  saw-mills  at  Kurrard's  Inlet. 


?  iii 


w 


158 


NORTHWEST    WATER    BOUNDARY   ARBITRATION. 


In  1857,  the  British  steam  corvette  "Satellite"  and  the  snrvcylnjr 
steam<^r  Plumper  arrived  at  Vancouver's  Island.  Captains  Prevost  anii 
Kichards,  commanding  these  vessels,  were  the  British  commissioners  to 
settle  the  boundary  line.  When  they  went  to  Nanaimo  for  coal,  tbev 
passed  through  Canal  de  Haro. 

In  1858  occurred  what  is  known  as  the  Fraser  river  excitement,  con- 
sequent  upon  the  discovery  of  gold  in  that  river  and  its  tributaries. 
During  that  year  I  made  fre(pient  visits  to  Victoria,  and  was  also  up 
Fraser  river.  Victoria  was  the  disembarking  point  for  the  ocean  8t«'aiii 
ers  from  San  Francisco.  Steamers  to  be  used  between  Victoria  and 
Fraser  river  were  brought  up  from  California ;  others  were  hastily  built 
on  the  sound  for  that  purpose ;  some  of  these  smaller  steamers  also  plied 
between  the  American  towns  and  the  river.  In  the  great  rush  of  gold- 
miners,  the  steamers,  though  crowded  to  their  utmost  capacity, 
[75J  could  not  convey  all  seeking  *pas8age.  Every  other  means  there 
fore  of  water  conveyance  was  in  addition  brought  into  service- 
schooners,  sloops,  boats,  and  canoes.  The  route  at  flrst  adopted  was 
entirely  through  the  canal  de  Haro,  but  the  steamers  eventually  went 
by  a  still  nearer  passage.  After  going  part  of  the  way  up  the  canal  de 
Haro,  they  turned  into  the  channel  on  the  western  side  of  Saturna  island. 
passing  into  the  Gulf  of  (leorgia  by  what  is  known  as  the  ''  Active 
pass." 

In  1859,  I  was  for  several  months  on  San  Juan  island,  and  frequently 
saw  the  steamers  and  other  vessels  passing  between  Victoria  and  Frasei 
river.  The  canal  de  Haro  and  the  nearer  route  inside  of  Saturna  island 
were  the  onlj'  routes  used  ;  nor  did  I  ever  see  or  hear  of  any  steamer  or 
sailing-vessel  during  the  gold  excitement  going  from  Victoria  to  Frasei 
river  by  the  way  of  Kosario  straits.  In  the  hurry  of  those  stirring  times, 
the  master  of  any  vessel  who  took  such  a  roundabout  route  to  reach  his 
destination  would  have  been  not  only  severely  ridiculed,  but  in  all  prob 
ability  would  have  lost  his  carrying  trade,  boch  of  passengers  and  of 
goods. 

The  "middle  channel"  which  was  proposed  by  Captain  Prevost  as;i 
compromise,  at  its  entrance,  between  the  islands  of  San  Juan 
and  Lopez,  is  so  narrow  that  it  cannot  be  seen  until  you 
are  quite  near.  A  vessel  approaching  it  has  to  run  in  by  the  landmarks. 
It  is  but  a  few  hundred  yards  across,  and  is  only  used  by  vessels  goin;: 
into  San  Juan  harbor,  which  is  on  the  inner  side  of  the  island,  a  short 
distance  from  the  entrance.  The  avowed  object  of  this  proposal  was,  to 
obtain  San  Juan  Island,  the  most  valuable  of  the  islands  in  the  Arclii- 
pelago.  The  channel  designated  passes  into  the  canal  de  Haro,  near  its 
northern  end,  and  would  present  the  anomaly  of  the  canal  de  Haro  beinj; 
adopted  as  the  boundary  for  a  portion  of  its  course  in  its  direct  passage 
to  the  ocean,  and  then  diverged  from,  thus  conflicting  with  the  clause 
in  the  Treaty  which  expressly  stipulates  the  course  of  the  water  line 
shall  be  through  a  continuous  channel. 

The  assertion  that  San  Juan  is  essential  for  the  protection  of  Van 
couver's  Island  is  as  absurd  as  the  pretended  ignorance  of  the  naviga 
bility  of  the  canal  de  Haro.  The  nearest  portion  of  San  Juan  is  eighteen 
miles  from  the  entrance  to  Victoria  harbor,  and  owing  to  the  immense 
width  of  the  channel,  there  is  no  point  at  which  fortittcations  could  be 
established  which  could  interfere  with  the  passage  of  vessels  to  the 

settlements  of  British  Columbia. 
[7Gj         *The  canal  de  Haro  is  the  only  one  of  the  channels  which  i;* 
over  a  cannon-shot  acoss.    The  ditt'erence  in  width  and 
depth  of  water  between  it  and  Kosario  Straits  is  ao  great 
that  it  appears  like  contrasting  an  inland  sea  with  a  river. 


\V(irthIesj*n»'«?    o( 
lli<-  niiitillf  i-haiiiK'l. 


nidVr.  rn 
Hur"  and 
.■^inutc. 


■  bt't  Wf'i'n 

Unwitno 


REPLY  OF  THE  UNITED  STATES APPENDIX. 


159 


With  the  growing  commerce  of  that  section  liosario  straits  has  com- 
plet«;ly  fallen  into  disuse,  and  the  canal  de  Haro  is  now,  and  has  been 
for  h.any  years,  the  route  exclusively  used  between  Victoria  and  British 
Colu.^ibia. 

Very  respectfully,  your  obedient  servant, 

JIENllY  R.  CROSBY, 
lion.  Geo.  II.  AVilliams, 

Attorney-General. 


Xo.  59. 

Brigadier- General  Canby  to  the  Assistant  Adjutant- General  at  San  Fran- 
cisco, 

[Extract.] 

Headquarters  Department  of  the  Colu:mria, 

Portland,  Oregon,  April  2,  1872. 

Sir:    *  *  *  *  *  *  * 

I  am  informed  that  the  vessels  of  the  Hudson  Bay  Company,  on 
their  upward-bouiul  trips,  usually  passed  through  Itosario     ^vhy  thf -o  r«ik j 
Straits,  because  their  business  required  them  to  touch  at  "■-Tm  Tim^vu, 
tlie  in-shore  stations  of  the  company,  but  almost  invariably 
through  the  canal  de  Havo  in  returning  to  Vancouver. 

ED.  R.  S.  CANBY, 
Brigadier-General  Commanding. 


No.  CO. 

lieport  of  Captain  G.  H.  Richards,  October  23,  18.18,  in  papers  relating  to 
liritish  Columbia,  presented  to  both  Houses  of  rarliament,  by  command 
of  Her  Majesty,  Atigust  12,  ISoQ.— Part  II,  p.  14. 

"The  Haro  Strait  lies  between  Vancouver  Island  aiul  the  principal 
islands  composing  the  archipelago.  *  *  In  the  Haro 
Strait,  Cordova  Baj'  on  the  western  or  Vancouver  shore  h:,!u'"u','',V''i"i,"v 
offers  good  anchorage.  On  Stewart  Island,  which  helps  to  ^i?''ii<mMl'h!ry''<'!'m- 
t'orm  the  eastern  side  of  the  strait,  there  are  snug  and  land- 
locked harbors,  easily  accessible  to  steamers;  and  among  the 
[77]  Saturna  group— the  western  *  boundary  of  the  strait  where  it 
enters  the  (iulf  of  Georgia — there  is  good  shelter  for  a  tieet, 
accessible  either  to  sailing-vessels  or  steamers." 


Xo.  01. 
All'IDAVITS  CONCERNING  THE  NAVIGATION  OF  THE  CANAL  DE  HARO. 

Statements  of  Remington  F,  Pickett,  made  before  the  United  States  constil 
(It  Victoria,  Vancouver  Island,  on  this  twelfth  day  of  March.,  A.  1>.  1872, 
touching  the  navigation  of  the  Canal  de  Haro  and  Rosario  Straits. 

On  this  twelfth  day  of  March,  A.  D.  one  thousand  eight  hundred  and 
seventy-two,  personally  appeared  before  me,  David  Eckstein,  M,„i„vi..  . »  ti,e 
Consul  of  the  United  Stat«  s  of  America  for  the  Province  of  "'' "' ''-""' 


:  I 


w 


160 


NOHTHVVEST    WATER    BOUNDARY    ARBITRATION. 


British  Columbia,  Dominion  of  Canada,  residing  at  Victoria,  Vancouver 
Island,  Kcmington  F.  Tickett,  who,  being  lirst  duly  sworn,  states  as 
follows : 

My  age  is  thirty-sevon  years.  My  occupation  that  of  merchant  and 
shipping  agent.  3Iy  i)laco  of  residcMce  is  Victoria,  Vancouver  Lslaiul, 
and  have  resided  here  most  of  the  time  since  eighteen  hundred  ami 
lifty-uine. 

For  the  last  ten  years  I  have  been  agent  for  a  line  of  sail-vessels 
running  between  San  Francisco  and  ports  in  ]>ritish  Colund)ia. 

During  all  the  time  since  eighteen  hundred  and  lifty-nine,  vessels, 
both  sail  and  steam,  in  making  trips  from  Victoria  to  the  Gulf  of  (Jeoi 
gia  and  Fraser  Kiver,  have  invariably  used  the  canal  de  llaro  as  a 
passage. 

1  have  also  heard  masters  of  steamers  and  sail-vessels  invariably 
speak  of  the  canal  de  llaro  as  the  channel  used  by  them,  and  of  its  su 
l)eriority,  for  ]mrposes  of  navigation,  over  any  other  channel  between 
the  continent  and  ^'ancouver  Island. 

All  English  steamers  have  used  the  canal  de  ITaro  as  a  passage  in 
making  trips  from  A'ictoria  to  Fraser  ]liver,  since  my  residence  at  this 
place,  and  continue  to  do  so  at  this  time.  American  steamers  have 
done  the  same  and  do  now.  In  fact  the  canal  de  JIaro  is  the  only  cliau- 
jiel  used  b}'  steam  and  sail  vessels,  at  the  present  time,  and  has  been 
the  onlv  one  used  for  vears. 

IJEMIXGTON  F.  riCKKTT. 


\7i^]       *CoNSULATE   OF   THE   UNITED   STATES   OP   AMERK^A, 

Victoria,  Vancouvef  Lsl<ni(l,  Briti.sk  Columbia  : 

A,i„i,v„ ,h,.      I,  David  Eckstein,  Consul  of  the  United  States  of  America. 

.luai.i  iiaiu.  residing  at  Victoria,  A'ancouver  Island,  do  hereby  certitv 
that  Kemington  F.  IMckett  i)ersoiudly  appeared  before  me  and  made 
oath  and  sul)S(  iibed  to  the  truth  of  the  foregoing  statements,  outliis 
the  twelfth  day  of  March,  A.  D.  one  thousand  eight  hundred  and 
seventy-two ;  I  further  certify  that  the  said  llemingtou  F.  IMckett  is 
personally  known  to  me,  that  he  is  a  respectable  and  credible  person,  to 
whose  representations  full  faith  and  credit  can  be  given. 

In  witness  whereof  I  have  hereunto  subscribed  my  uame  and  affixed 
the  seal  of  luy  office,  this  twelfth  day  of  JMarch,  A.  D.  one  thousand 
eight  hundred  and  seventv-two. 

[.SEAL.]  "  DAVID  ECKSTEIN, 

United  /States  Consul. 


JStatcmcnts  of  George  Thomas  He\imotn\  made  before  the  United  Stafcs 
Consul.,  residing  at  Victoria,  Vancouver  Island,  March  \Wi,A.  J).  187-, 
touching  \q)on  the  navigation  of  the  Canal  de  llaro  and  liosario  iStraih. 

On  this  thirteenth  day  of  IMarch,  A.  I),  one  thousand  eight  hundred 
and  seventy-two,  i)ersonally  appeared  before  me,  David  Eckstein,  Con- 
sul of  the  United  States  of  America  for  the  Province  of  British  Colum- 
bia, Dominion  of  Canada,  residing  at  the  port  of  Victoria,  Vancouver 
Island,  George  Thomas  Seymour,  who,  being  lirst  duly  sworn,  states  as 
follows :  My  age  is  forty-nine  years ;  and  1  have  resided  at  Victoria, 
A'ancouver  Island,  since  eighteen  hundred  and  flfty-eight.  My  occupa- 
tion is  that  of  merchant.  I  have  been  acquainted  w  ith  the  routes  of 
travel  by  water  between  Victoria  and  points  on  the  Gulf  of  Georgia 


KEl'LV    OF    TIIK    INITKI)    STATES— APPENDIX, 


IGl 


line,  vosspIs, 


PICKETT. 


,71)1 
point 


ami  Fraser  KivtT,  since  the  year  eiji'h teen  linndi-ed  and  tifty-eifjlit.  The 
canal  «le  Ilai'o  lias  been  the  <'hannel  used  by  steamers  and  sail-vessels, 
British  and  others,  since  eif;hteen  hundred  and  litty-ei;;ht,  and  is  the 
one  now  jieneraliy,  if  not  exclusively,  used  in  niakinj;'  tiii>s  to  and  from 
the  above-named  points,  both  nij;lit  and  day.  It  is  in  fact  the  nniiu 
channel,  and  the  oidy  one  rcji^arded  as  really  safe  by  masters  of  steam- 
ers and  sail-vessels,  who  are  acfjuainted  with  the  waters  between  the 
foiitinent  and  \'an(;ouver  Island. 

)|         *Ever  since  my  residence  at  Victoria,  in  «'i;;htecn  hundred  and 
lifty-eight,  the  canal  de  llaro  has  been  tlie  channel     ^m,.,.,  „„  n,.. 

laviably  used  by  navigators  in  fioinjL;-  from  Victoria  to    ""i'  """ 
,,.Jnts  on  theCJidf  of  Georgia  and  Eraser  river.     >'o  navigator  would 
ever  tliiidc  of  using  any  other  channel,  unless  he  had  some  special  rea- 
son for  it. 

(lEOllGE  THOMAS  SEYMOUH. 

CONSILATE   OF   THE   UNITED   STATI:S   OF   AMEltlCA, 

}  ictoria,  Yoncoiin'r  Jshuul,  Jiritish  Coliimhin  : 

I,  David  Eckstein,  Consul  of  the  United  States  of  America,  residing 
at  \'ictoria,  Vancouver  Island,  do  lu'niby  certify  that  on  this  thirteenth 
(lay  of  March,  A.  1).  one  thousand  eight  hundred  and  seventy-two,  per- 
sonally ai)|)eared  before  me  (leorge  Thomas  Seymour,  and  made  oath 
and  subscribed  to  tiie  truth  of  the  foregoing  statements.  I  further  cer- 
tify that  the  said  George  Thomas  Seymour  is  personally  known  to  me, 
and  that  he  is  a  respectable  and  credible  person,  to  whose  representa- 
tion fall  faith  and  credit  can  be  given. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  aflixed  the  seal 
ot  my  otlice  this  thirteenth  day  of  ]March,  A.  D.  one  thousaml  eight 
hundred  and  seven tv-t wo. 

iL.  s.|  '  DAVID  ECKSTEIN, 

United  StafcN  Consul. 


'Statements  of  All)ert  Henry  (juUd,  matle  before  the  United  States  Consul, 
residing  at  the  Port  of  Victoria,  Vaneonver  Isl<(nd,  March  1(>,  1872, 
touching  the  navigation  of  the  Canal  de  llaro  and  Rosario  Straits. 

On  this  sixteentli  day  of  March,  A.  D.  one  thousand  eight  hundred 
and  seventy-two,  before  me,  David  Eckstein,  Consul  of  the  United 
States  of  America,  for  the  Province  of  British  Columbia,  Dominion  of 
Canada,  residing  at  the  Port  of  Victoria,  Vancouver  Islaiul,  personally 
appeared  Albert  Henry  Guild,  who,  being  lirst  duly  sworn,  states  as 
follows : 

My  age  is  fifty-eight  years;  my  residence,  Victoria,  Vancouver  Island, 
and  have  resided  here  since  the  year  eighteen  hundred  and  fifty  eight; 

my  occupation  is  that  of  merchant. 
[80]         *I  am  familiar  with  the  route  of  travel  by  water,  by  steamers 
and    sail-vessels,   British  and  American,  from  Vic-     Ami.vit-  .„,  n.^ 
toria  to  points  on  the  Gulf  of  Georgia  and  Eraser  river.         «..uid«naro. 

The  canal  de  Haro  is  the  channel  now  exclusively  used  by  all  classes 
of  vessels,  British  and  others,  carrying  pilot  or  no  pilot,  in  making  trips 
between  the  above-named  points,  and  has  been  so  used,  to  the  best  of 
iny  knowledge,  since  eighteen  hundred  and  fifty-eight. 

During  my  residence  at  Victoria  1  have  frequently  passed  through 

11  D 


if'?™ 


1G2 


XOinilWDST    WATKIt    liOl'NDAI.'Y    AUr.ITK'ATIftN, 


tlio  caiiitl  (Ir  llai'o  as  passcii^^cr  in  Hudson  r»a.v  ('()nii)an,v's  slciuiicis; 
and,  in  fact,  I  never  knew  tlicni  to  use  any  oilier  eliannel  in  niiikju^r 
trips  to  and  IVoni  the  above-named  points. 

Vessels  com  in;;'  into  the  Straits  of  .luan  de  l-'nea  from  the  nccim, 
l)Ouiul  lor  ports  (tr  ]»hu'es  on  the  (!idf  of  (lectr^iii  or  Fraser  Kivc:, 
invariably  pass  through  the  canal  d(^  llai'o,  wliethei-  toueliinj;' ;it  \ii. 
tenia  or  not,  an«l  have  done  so  since  my  residence  her«^  in  eighteen  Imn 
drc'd  aiul  lirtv-eij;ht. 

amu:i:t  iienuv  (.irii,i), 

CONSl  LATE   (tF   TlIK    rNITKl)   STATES   dl'   AMKIIK'A, 

\'ic(ori<(,  Vancoui'cr  lsl«n<l,  lirilish  Coluitihid  : 
I,  J)avid  Kckstein,  Consul  of  the  United  States  of  America,  residing 
at  Victoria,  N'ancouver  Island,  do  hereby  certify  that  on  this  sixtcciith 
day  of  .March,  A.  1).  tuu'  thousand  eiyht  hundred  ami  seventy-two,  ]i(i. 
soually  appeared  before  uie  Albert  Henry  (iuild,  and  iiuule  oatii  iiml 
subscribed  to  the  truth  of  the  foresoin^'  statements.  1  further  ccitiiy 
that  the  said  Albert  Henry  (Iuild  is  i)eisonaIly  known  to  nu',  and  Unit 
lie  is  a  res[)ectab]e  and  cretlible  iierson,  t<t  whose  rei)resentatioii  tul! 
faith  and  credit  can  be  piven. 

In  witness  Avhereof  I  have  hereunto  subscribed  my  name  and  al'lhcii 
the  seal  of  my  otlice  the  dav  and  vear  lirst  above  written. 

[SEAL.]  '  ■  DAVID  FCKSTF.IN, 

I'liitcd  l>>t<(1<'s  ('(lumil. 


v. 


Altiiiavits     nn    th" 
ciMial  ('I  llar<' 


ExiradH  frum  the  Ajjitlnvit  of  William  •/.  Waitt. 

United  States  of  America, 

Tirriionj  of  Washiiuitou,  ss: 

1,  William  J.  AVaitt,  of  the  City  of  Olympia,  County  of  Thnrstdii, 
and  Territorj'  aforesaid,  do  solemnly  declare  upon  oath  that  1  imi 
[81J  *a  master  mariner,  of  the  age  of  thirij  two  years  j  that  I  ciDiif 
to  Victoria,  Vancouver's  Island,  in  the  spring  of  18G8,  and  for  tlic 
„.  next  four  years  was  engaged  in  steamboating  between  siiid 
City  of  Victoria  and  Eraser's  lliver,  in  British  Cohuiil)in; 
fifteen  mouths  of  that  period  I  was  master,  the  remainder  jnltit 
and  mate.  In  ISOli  I  commenced  running  between  Victoria  and  Olviii 
pia,  with  occasional  trips  from  A'ictoria  to  New  Westminster.  Diuiiij; 
all  this  time  the  canal  de  Uaro  has  been  the  oidy  channel  used  in  goiii;' 
from  Victoria  or  the  Straits  of  Fuca,  northward  into  the  Gulf  of  Goorsi.i 
and  places  on  the  Northern  Coast.  I  know  both  Haro  Canal  aud  llo 
sario  Straits.  The  first  is  the  only  one  ever  used  in  the  large  trade 
between  Paget  Sound  and  the  British  Columbia  Mines ;  between  A'ic 
toria  and  the  said  mines;  between  San  Francisco  and  the  main  hind  of  | 
British  Columbia.  It  is  the  only  one  by  which  the  heavy  coal  trade  nt 
Nanaimo  Mines  is  carried  on.  It  is  straighter,  shorter,  deeper,  fefler 
rocks,  less  currents,  and  is  much  the  safest  route,  particularly  going  | 
through  at  night  or  in  a  fog. 

I  am  intimately  acquainted  with  Capts.  McNeil,  Swauson,  Ella,  ai 
Lewis.    I  knew  Capt.  Morrat  in  his  life-time.     They  are  old  Captains 
who  were  in  the  service  of  the  Hudson's  Bay  Company  as  early  as  1840. 
I  have  talked  with  each  and  all  of  them  on  these  matters,  as  it  was  lu.v  | 
business  to  learn.      ******* 

All  their  statements  to  me  justify  my  declaration  upou  oatb,  tliatl 


KF.i'Lv  OF   riii;  r\i'iF,i)  statks — ai-I'DNdix. 


1  g;; 


8111 


('('  I'ort  \'i('((>iiii  was  fstiiblislicd  on  N'micoiivcr  Islmid, 


:v  (;rii,i). 


rhtihrii'l  ■■•<fi| 
it^ivflyrormirlh- 


111  1.1    Kurt 


this  (liJiniH'l    was  ('\cliisi\<'ly  used    in    all    (rips  of   ilicii'  ".i 
stcaiiici's,  bctwcon  said  l-'ort  N'ictoria  and  tlicir  tradiii^i-posls  i!i''ii 

Noitli  (HI   tlic  (lull"  of  (!('()! j^ia,  and  on  \hv  iippci-  I'lasi'i's  ^  '    " 

I'ivcr.  Xo  other  clianiicl  hut  this  was  talked  al>out  by  either  ol  them. 
Noiieotherhadevei'  been  use»l  in  their  re^^ular  tiach',  since  Foit  Victoria 
was  eslabli'.Iicd,  which  I  believe  on  inlbrniation  was  in  1S|l*.  ('apt. 
McNeil  told  nie  Ik^  had  been  (hron;;h  iiere  in  his  own  vessel,  whi(;h  he, 
lironji'ht  from  IJoston,  before  he  was  bon;;ht  out  by  the  Hudson's  Uay 
l'om|»any,  and  eniploye<l  in  the  ('oMii»any's  ser\iee.  lie  also  spoke  (»f 
i^nuiX  throujih  in  the  steamer  I5ea\('i',  of  which  he  was  Master,  when 
Captain  Wilkes  was  here.     *  *  *  '  *  * 

The  Xorthern  Indians  always  came  and  went  by  the  same  channel  in 
llioir  trips  to  \'i<'toiia,  and  over  to  \Vashinj;ton  Tenitoiy,  since  I  hav(^ 
lii'cii  here ;  and  from  intbrmation,  and  knowledt^'e  of  Indian  customs,  I 

state  the  opinion   they  always  did  use  such  Canal  de  llaro   in 
Si'l      their  trips  to  and   from  N'ictoiia  and  their  Northern  *r<'sidenc<'S. 

They  always  used   the  same;  channi-1  when  ('ominj;to     ^,.,ll^,,.  ,„,  ,i,.. 
tlie  American  side  ol  the  straits  of  I'lu-a,  and  the  settlements  '  ■ -i  '•  H"- 
(111  rii"('t  sound. 


CAIT.  W.  .1.  WAITT, 


TK1M{^^(»I^^   <»i'  \\AS!i(N(ri'(»x, 

Count  1/  of  Tliiirstoii,  .si-t : 

J5('i(»r(^  me,  .Joseph  II.  Ilouf^iiton,  Clerk  of  the  Supreme  C(mrt  <»f  said 
Territory,  came  William  J.  NVaitt,  who  beinj;-  iirsf  duly  sworn,  did 
(It'ljose  and  say  that  he  had  carefully  i'ea<l  the  forejioinji'  statement,  and 
knew  the  contents  thereof;  that  th(>  same  had  bet-n  (li(;tated  by  liim. 
And  that  so  much  thereof  as  was  stated  from  his  own  knowledge  was 
true,  and  so  much  theieof  as  was  stated  on  information  lie  verily 
believes  to  be  true. 

In  testiujony  wlieieof  I  have  hereunto  set  my  liand  and  aHixed  the 
seal  of  said  Court,  this  sixteenth  dav  of  I\Iarch,  A.  I).  ISTli. 

[SEAL.]  '.JOSKl'Jl  11.  IJOIJCJIJTON, 

Cleric  Sup.  Ct.  W.  T. 


Extractn  from  the  AjjUlnrlt  of  Francin  Tarbell. 

United  Stated  t)F  America, 

Territory  of  Washington,  ss: 

I,  Francis  Tarbell,  of  the  City  of  Olympia,  County  of  Thurston,  and 
Territory  aforesaid,  do  solemnly  declare  upon  oath,  that  I  am  a  native- 
born  Citizen  of  the  United  States,  aged  forty-one  years.  I  went  to 
Victoria,  A^ancouver's  Island,  on  the  14th  July,  lSo8,  and  continued  to 
reside  there,  doing  business  as  a  wholesale  merchant,  up  to  1800.  In 
1802  I  became  a  J)irector  in  the  Victoria  and  British  Columbia  Steam- 
boat Company,  and  from  my  connection  with  said  Company,  and  my 
business,  1  became  thoroughly  acquainted  with  the  Vessels,  Steamboats, 
Route,  &c.,  used  by  the  Steam  and  other  vessels,  to  and  from  said  Ciy 
of  Victoria.  From  that  knowledge  I  declare  positively  and  without 
reserve,  that  the  Canal  de  Haro  was  the  only  channel  used  by  Vessels 
jroing  to  the  Gulf  of  Georgia  from  Victoria,  or  from  sea- voyages  via 
Straits  of  Juan  de  Fuca.  In  the  last  fourteen  years  I  have  probably 
been  five  hundred  times  to  New  Westminster  at  the  mouth  of  Fraser's 


m— 


104 


NORTIIWKST    WA'IKI."    IM»1NI>A1?Y    A IMUTWATION. 


Mli.livit-,    . 
<*iniitt  (If  llitrii 


Jiivcr,  ill  I'ritisli  ('i>liiiiil»iii.     In  these  tri|).s  or  \«»,Viiy«'s,  no  otluT  ciiiiiiiicl 

iMif  the  Hiiro  Ciiinil  WHS  «'v«'r  nsrd.     »  #  *  , 

f!S;jJ  *I  iiiu  well  iind  intiuiatt'ly  iUMiiiiiinlctl  with  ('iipt.  .McNeil,  Ciipt. 

Swiiiiston,('iii>t.  I<ewis,  iind  ('apt.  I'^IIa.  I  was  well  aeiinainttil 
Willi  ('apt.  Will.  A.  .Moiiat  in  his  lile-lime.  These  were  all 
ohl  Captains  loiineily  in  the  employ  of  the  llndsoii's  Hay  ('oiiipaiiv. 
From  tiieii'  statements  to  me,  ami  IVom  other  sources,  sev«'ial  of  tliciu 
were,  here,  if  not  all,  lielore  IS  10.  In  my  ei;;'hl  yeais'  residence  in  \j( 
toria,  I  was  in  company  with  these  men  a  j;reat  deal,  conversin;^  vcrv 
freely  on  the  snhject  of  Steamltoats,  IJoiites  up  the  Coast,  Trath'  u\'  tin 


Coast,  tS:c.     It  was  in  tlu'  direct  line  of  mv  Imsiness  to  learn  these 


ll:iri>i'li:i I 


I'lMijtiiiy 
fut'h-tiitii'h 


mat- 


lev 


ters.     1  freely   impiired  as   to  their  kiiowled^ic,  ami  tl 

i'u'wV'M,"  freely  communicated  with  me.     I  have  heen  told  frcipicntl) 

i'!'.'i'k'm.  |>y  all  those  jientlenuMi  that   the  channel  now  used  to  rcacii 

the  (lulf  of  <leoi<;ia  in  j;diny  from   \'ictoria  to  NanaiiiKp, 

Eraser's  l{iver,  or  to  theNoithein  Coast,  or  in  returniiiji'  from  the  same  tn 

Victoria,  has  be»'n  invariably  used  by  the  \'«'ssels  of  llie  Jludson's  l!;iy 

Company  since  Fort  Victoria  was  established.  *  *  * 

1  urn  also  positive  that  Captain  ^IcNeil  Inis  told  me  on  several  occa 


('niTipitlv  It^rtl  H<<r<) 
<  liMJiiM'l  lirl.iri'  KID. 


sion.s  that  he  used  the  same  channel  when  sailin<;'  a  \v: 
for  the  Hudson  Uay  Comi>any  lon«;'  prior  to  18  MJ ;  and  I  have 
beard  him  make  the  same  statenuMit  in  regard  to  the  vessel 
lie  brought  out  from  Uoston  before  he  went  into  the  Conii)any's  servin, 
I  am  also  positive  that  he  has  told  me  that  after  going  into  the  Com- 
])any\s  employ,  long  anterior  to  18KJ,  he  passed  through  this  ehaniiol  in 
the  steanu'r  Heaver,  of  which  he  Avas  Cai>tain,  about  the  time  Capt, 
Wilkes  made  his  survey  of  these  waters.      *  #  *  » 

FliANCIS  TAlHiKLL 


TeIMUTORV   of   WASIIIXdTON, 

Count}!  of  ThurHton.  'Sfs: 

Before  nu',  Joseph  H.  Houghton,  Clerk  of  the  Supreme  Court  of  said 
Territory,  came  Francis  Tarl)ell,  w  ho,  being  first  duly  sworn,  did  depose 
and  say  that  he  had  carefully  read  tlie  foregoing  statement,  and  knew 
the  contents  thereof;  that  the  same  had  been  dictated  by  him;  and  tliat 
so  much  thereof  as  was  stated  from  his  own  knowledge  was  true,  and  sn 
much  thereof  as  was  stated  on  infonnatiou  he  verily  believes  to  be  triu'. 

Witness  my  hand  and  the  seal  of  the  said  Court  this  IGth  (lav  of 
March,  A.  1).'  1872. 

[SEAL  OF  THE  SUP.  oouuT.]  JOSEril  H.  HOUGHTON, 

Clerk  f^up.  Ct.,  \y.  I. 


m 


*  Extracts  from  the  Ajpdurit  of  Charles  WiUottjhhy. 


AfliilavitH    <iri    III 
(.■aiiiil  ill'  Hiiro, 


United  States  of  America, 

Territory  of  Washington,  ss: 
I,  Charles  Willoughby,  of  the  City  of  Port  Townsend,  County  ol 
Jefferson,  in  said  Territory,  do  solemnly  swear  that  1  am  a  native-born 
Ameri(!an  Citizen,  aged  41  years,  a  Master  Mariner,  and  have,  sinw 
December,  18.")0,  been  Master  of  a  Vessel.    *  *  *  * 

In  18(>l  I  made  another  voyage  in  Bark  Naramisse  to  Nanaiino  tor 
Coal.  Took  a  pilot  at  Victoria,  who  was  recommended  to  me  by  the 
Ilarbor  Master  as  au  old  and  experieuced  Hudson  Bay  Co.  pilot;  bis 


KKl'LV    OF    T!1K    rNITKI'    STA'IKs — APrKNDIX. 


in: 


;> 


iiaiiic  I  liii\<'  l'or;,'<»tt«'ii.  We  were  ii]Hiiiii  piloted,  iis  lu'toic,  tlir(Mi;:li 
JliU't)  Canal.  In  tlu'  latter  \<)_vay(^  \v(5  oiie(Miiitere)l  a  <;;ile  t'ldtii  S.  I']., 
vcciinj"  to  south,  wliieli  struck  the  ship  at  <»  A.  M.,  and  lasted  el;L;ht  hours; 
>lii|»  under  elosereef  main  top  sails,  und  lilowinj;'  very  lu'avy  all  the 
tiiiK'.  The  position  of  tlu^  ship  at  the  tinu' wo  took  tlu' <,'ale  wasoll' (!liat- 
haul  Island,  with  ehb  tide.  The  pilot,  as  well  as  ni.vsell,  entertainetl  no 
tears  tor  the.  safety  of  the  ship,  as  the  shores  were  lM>ld,  the  water  deep, 
nuTouts  so  regular,  and  ph-nty  of  soarooni ;  and  we  liad  no  fears  of  tin; 
result.  I  would  not  liki^  to  he  eaufiht  in  Ifosuiio  Straits  in  the  same, 
manner.  When  the  ;,'ak'  broke,  we  w«'re  up  by  Sidney  Island — nearly 
lip  to  the  Aetivi!  i'ass.  From  my  e.vperienct^  then  and  knovled;;o  now, 
1  pronounce  the  llaro  Channel  the  best  Chaniu'l  or  jKissaj^e  betwc^en 
aiiv  of  the  Islands,  or  between  the  ALain-land  and  Islands  North  of  the 
Sti'iiitsof  Fuca.         ##*»##  .» 

CIJAS.  WILLOCCIIIiV. 


lany's  servu'c. 


Ti;iji;iToi{V  of  WAsiti.\(iTo\, 

Vountij  of  Thurston,  ss: 

llcfore  me,  Joseph  11.  Jlou^hton,  Clerk  of  the  Suprcnu;  Court  of  said 
Territory,  came  Charles  Willouyhlty,  who,  beinj;  tirst  duly  sworn,  did 
depose  and  say  that  he  had  carefully  read  the  fore^oinj;  statement,  aiul 
knew  the  contents  thereof;  that  the  same  had  been  dictated  by  liim; 
and  that  so  much  thereof  as  was  stated  frf)m  his  f>wn  knowledj>«^  M'as 
true,  and  so  much  thereof  as  was  stated  on  information  he  veri'y  believes, 
to  he  true. 

Ill  testimony  whereof  I  have  hereunto  set  mv  hand  and    illixed  the 
Soiil  of  the  Court  this  10th  dav  of  March,  A.  I).  ISTU. 

|SEAL  OF  THE  sui'.  rouiJT.]  .lOSEPIl  H.  HO'  01  [TON, 

Clerk-  Suit.  Ct.,  W.  r. 


\^r>\ 


*  Edlracis  from  the  Ajjidavit  of  James  S.  Ltttcson. 


Tnited  States  of  Ameuica, 

Territory  of  Waskhujton,  ss  : 
I,  James  S.  Lawson,  Assistant  United  States  Coast  Survey,  and  at 
inosent  a  resident  of  Olympia, County  of  Thurston, and  Ter-  AHi.uvt. .»,  n,. 
litory  of  Washington,  do  solemnly  declare  ujmn  oath,  that  I  "" ''i'  "«"• 
am  a  native-born  citizen  of  the  United  States,  aged  forty-four  years; 
that  I  came  to  the  Western  coast  of  the  United  States  in  -Iiine,  1850,  in 
the  coast  survey,  and  have  been  engaged  in  the  same  from  that  time  to 
the  present,  in  all  capacities  from  aid  to  assistant  in  charge  of  a  party. 
From  lSo2  to  1850,  both  inclusive,  J  si)ent  each  working  season  in  the 
surveys  of  straits  of  Juan  de  Fuca,  Canal  do  Ilaro,  Uosario  Straits, 
Gulf  of  (leorgia  to  forty-ninth  parallel  of  North  latitude,  and  Admiralty 
Inlet,  and  since  1800  1  li^ve  been  permanently  located  in  this  section, 

with  a  residence  at  Olympia. 

*  *"#  #  #  *  * 

From  several  years  of  such  experience  and  service,  I  assert  the  grcsat 
superiority  of  the  iJanal  de  Haro  over  the  Itosario  Strait  as  a  Ship- 
Channel  or  Channel  of  any  character,  depth  of  water,  width,  directness, 
and  freedom  from  obstructions,  rr  "ks,  &c.  The  currents  are  strong  in 
both,  but  as  a  ship-channel  the  Ho  i  Canal  is  decidedly  superior. 

While  working  in  the  Gulf  of  Ge  rgia  in  1858  and  1859,  vessels  bound 
from  Victoria  to  Fraser's  liiver,  l^anaimo,  or  farther  north,  invariably 


f 


ff^im 


16G 


NORTHWEST    WATKU    BOUNDARY^    AUBITKATION. 


made  use  of  Ciinal  de  Ilaro;  in  fact  I  have  never  beard  of  a  siiijjh!  instance 


10 


of  a  vessel  sailinj;'  from  Victoria  since  1852,  wben  1  came  to  this  section 
and  bound  for  any  of  the  above-mentioned  phices,  making  use  of  Jiosarii, 
►Strait.  INIy  experience  lias  shown  that  the  Indians  of  the  Northwest 
Coast  always  made  use  of  the  Camil  de  Ilaro,  on  their  visits  to  Yictoriu 
and  returning-. 

JAS.  S.  LAWSON. 

Territory  of  WAsiiraoTox, 

County  of  Thurston,  ,ss  : 

IJefore  me,  Joseph  II.  Houghton,  Clerk  of  the  Supreme  Court  of  said 
Territory,  came  James  S.  Lawson,  \vho,  being  lirst  duly  sworn,  did 
depose  and  say,  that  he  had  carefully  read  the  foregoing  statement,  and 
knew  the  contents  thereof;  that  the  same  had  been  dictated  by 
[8G|  him;  and  that  so  nuich  thereof  as  was  stated  from  *hiso\\ii 
Atii.i.vii.  .M,  tiiM  knowledge  \v;i.s  true,  and  so  nuu.*h  thereof  as  was  stated  on 
ta.,,i,ieiia,<,.        information  he  verily  believes  to  be  true. 

In  testimony  whereof  I  have  hereunto  set  my  haiul  and  allixed  tin 
Seal  of  said  Court  this  IGth  dav  of  March,  A.  1).  1872. 

|SKAL  OF  THE  HUP.  ("OURT.j  '  JOSEPH   II.    IIOUGIITON, 

Clcr]:  ^Supreme  Court,  Washington  Territori/. 


Affidavit  of  Thomas  McManiis. 

U^'lTED  States  of  America, 

Territory  of  Wash  iny ton,  ss  : 

I,  Thomas  IMcManus,  of  the  City  of  Townsend,  County  of  Jeifersoii, 
and  Territory  of  AVashington,  do  solemnly  declare  that  I  am  a  citizen 
of  the  United  States,  of  the  age  of  tifty-one  years. 

On  the  2d  day  of  May,  ISll,  I  was  serving  as  an  ordinary  seaman,  on 
\v,ik..s,„vpvs,:,.  board  the  United  States  ship  Vincennes,  in  the  United 
...ideHaro.uiH*!.  gt^tes  explonug'  expedition,  Charles  AVilkes,  United  States 
Navy,  Commanding  Expedition,  and  we  entered  these  waters  .about  the 
above  date.  I  was  in  the  Boat  Expedition,  surveying  both  Caiml  de  Ilaio 
and  llosario  Sti'aits.    I  served  during  the  whole  cruise  of  the  expedition. 

In  1858  I  returned  to  Washington  Territory,  and  since  that  time  I 
have  been  constantly  sailing  in  these  waters.  I  know  both  channels 
well,  and  have  been  frequently  in  them,  but  never  in  liosario  Straits  iu 
a  Ship.  From  my  knowledge  of  said  Eosario  Straits,  I  do  not  think  it  a 
safe  passage  for  sailing-vessels.  From  uncertainty  of  winds  during 
summer  months,  and  adversity  of  currents,  the  passage  is  unsafe  with- 
out the  use  of  towing;  and  in  my  knowledge  it  is  not,  nor  has  it  ever 
been  used  by  vessels  going  to  or  coming  from  tht  Gulf  of  Georgia.  The 
Canal  de  Ilaro  is  the  natural  route  for  vessels  from  Victoria  to  th<^ 
Gulf  of  Georgia  and  the  Northern  Coast.  It  is  a  safe  and  good  ship- 
channel,  broad,  deep,  and  plenty  of  sea-room,  and  less  danger  from 
liidden  rocks  than  iu  Kosario  Straits.  For  heavy-draught  Vessels  it  is 
the  only  Channel  which  can  be  used. 

Since  I  have  been  here  (1858)  the  (Janal  de  Ilaro  is  tlie  (Jhaniu'l  in- 
varial)ly  used  by  vessels,  American  and  English,  Steam  and  other  vessels 
going  into  the  Gulf  of  Georgia  from  Victoria  or  the  Straits  of  Fuca. 

THOMAS  McMANUS. 


JITKATION. 


REPLY    OF    THE    UNITED    STATES APPENDIX. 


1G7 


>i 


♦Territory  of  Washington, 

County  of  ThursfoH,  us  : 

IJotbro  1110,  Joseph  II.  lioii^htoii,  Clork  oi"  tlie  Snpvonio  Court  of  said 
Territory,  came  Thomas  Mc.Mamis,  who  beiiip'  lirst  duly  Alr„l.^,t.  ,m  u,^ 
sworn,  did  depose  and  say  that  he  liad  carefully  read  the  ™"''i'^'"'™ 
toregoiuff  statement,  and  knew  the  contents  thereof;  that  the  same  had 
been  dictated  by  him ;  and  that  so  much  thereof  as  was  stated  from  his 
own  kiiowled^'e  was  true,  and  so  much  thereof  as  was  stated  on  informa- 
tion he  verily  believes  to  be  true. 

Witness  my  hand  ami  the  Seal  of  said  ('ourt  this  I'Oth  dav  of  ^larch, 
A.l).  bSTl>. 

[SEAL.]  JosKPii  11.  H()U(iHT()X, 

Clerk  SKpyeine  Court,  Washiufiton  Territory. 


ordinary  seaman,  on 


raught  Vessels  it  is 


AjjUtuvlt  of  Adam  Bennon. 

I'xiTEi)  States  of  A:MEr.icA, 

Territory  of  Washinyton,  .s.v  : 

I,  Adam  Benson,  of  Pierce  County,  AVashinoton  Territory, do  solemnly 
declare  upon  oath  that  1  am  a  citizen  of  the  United  States,  of  the  age  of 
liftysix;  years,  and  a  native  of  the  Xorth  of  Scotland.  I  came  to  this 
TciTitory,  then  Oregon,  in  the  service  of  the  Hudson  Jlay  Company  in 
1830,  and  stopped  at  Fort  Nisqually,  in  what  is  now  Pierce  County.  I 
was  a  shepherd  and  herder  of  the  Company's  sheep,  after  Port  Victoria 
was  established  in  1842.  I  made  a  trip  in  charge  of  the  company's  sheep 
irom  Fort  Nisqually  to  Fort  Victoria,  in  the  spring  of  1845,  ^^,^  ,„.nmorn..,- 
just  before  potato  planting.  From  thence  the  Steamer  Beaver  r,",,,;"",;;'  'I'ur'mX 
towed  the  ship  Columbia  to  the  mouth  of  Fraser's  P- .'cr.  "t'^ -^^i'^""'' "'!■*< •• 
AVe  went  through  the  Channel  between  Vancouver's  Island  and  San 
Juan  Island.  Captain  ])odd  was  the  master  of  the  Steamer  Beaver.  I 
lix  the  year  1845,  because  it  was  the  year  that  Colonel  Simmons  came  and 
settled  at  New  JMarket.  I  remember  that  Fort  Victoria  had  only  been 
established  two  or  three  years,  and  all  the  buildings  were  not  up  when 
1  was  there. 

Al)A:Nr  BEXSON. 

Territory  of  WasiiinccTon, 

County  of  Tliurhton,  ss  : 

Before  me,  Joseph  11.  Houghton,  Clerk  of  the  Suiueine  Court  of  said 

Territory,  came  Adam  Benson,  who,  being  lirst  duly  sworn,  did 

[88J     depose  and  say  thiit  he  had  carefully  read  the  foregoing  state*ment, 

and  knew  the  contents  thereof;  that  the  same  had     Amiuin  n,,  u,.. 

been  dictated  by  him  and  was  true.  .  n..i  ,i,.  n.,,.,. 

In  testimony  whereof  I  have  hereunto  set  my  hand,  and  affixed  the 
seal  of  said  Court  this  twentv-seventii  dav  of  ]Ma\cli,  A.  I).  1872. 
[SEAL.]  "  JOSEPH  H.  HOUGHTON, 

Cleric  iSupreme  Court,  }Vi(shinyton  Territory. 


Ajfidarit  of  M'illium  X.  llorton. 

United  States  of  A:merica, 

Territory  of  Wmhinyton,  ss  : 

I,  William  N.  Horton,  now  of  the  City  of  Olympia,  County  of  Thurs- 
ton, and  Territory  aforesaid,  do  solemnly  declare  upon  oath,  that  I  am 


'■Wi'Wi  •'UH 


108 


NORTHWEST   WATER    BOl'NDARY   ARTilTRATIOX. 


a  native-born  citizen  of  the  United  States,  of  the  age  of  forty-two  yoars. 
and  am  a  Steamboat  Engineer  by  i>rofes.sion.  I  came  to  LNtrtliiiid. 
Oregon,  iti  Jnne,  IH.IO.  I  came  to  I'uget  Sonnd  in  ^Nfiiy  or  Jnno,  ]sr4. 
since  which  time  Olympia  has  been  my  re.si.i'^nce  when  npon  slioic. 
Early  after  coming  to  tlie  Sound,  I  made  a  trip  m  the  Slooj)  Sarah 
Stone,  Captain  Tiiomas  Shiten,  to  all  of  the  Sonnd  Ports,  extendiii';'  om 
voyage  to  Fort  A'ictoria,  and  Nanainio,  npon  Vancouver's  Island.  Wo 
went  .and  returned  through  the  Canal  de  llaro;  at  that  time  it  was  the 
only  channel  used  by  all  Coal  Vessels  going  to  and  from  Nanaimo,  by 
the  Hudson's  Bay  Company's  Steamers  Beaver  and  Otter  in  their  trips 
North  from  Eort  Victoria  to  the  trading-posts  on  the  Northern  Coast. 
Indeed  it  is  the  only  channel  which  can  be  profitably  or  safely  used  in 
going  from  the  Straits  of  Enca  into  the  Gulf  of  Georgia,  and  the  inland 
waters  to  the  North.  It  was  then  nsed  by  those  Steamers,  for  on  that 
trip,  or  shortly  after,  I  have  seen  both  of  those  Steamers,  either  going 
from  or  returning  to  the  then  Fort  Victoria,  now  the  City  of  A'ictoria, 
on  Vancouver's  Island. 

Erom  the  spring  of  1S5."»  up  to  1858,  I  Avas  running  a  Steamer  on 
the  Sound,  and  made  numerous  trips  to  A'ictoria,  and  saw  Steam  and 
other  vessels  in  the  Canal  de  Ilaro.  I  never  saw  or  heard  of  any  vessel 
ever  using  the  ]{osario  Straits  to  get  into  the  Gulf  of  Georgia.  In  1808 
I  was  ei!ii)loyed  on  various  Steamers  running  to  Eraser's  Biver,  and 
continued  in  that  business  until  ISOl.  The  whole  trade  between 
[89j  Victoria  and  Eraser's  IMver,*in  all  classes  of  vessels,  was  entirely 
and  exclusively  done  in  the  Canal  de  llaro. 

I  know  both  channels,  having  run  in  both  as  pilot  and  Engineer. 
Affi.kv  is  ,  „  tia  llaro  Channel  for  all  vessels  is  infinitely  superior  to  Bosaiio 
'"'"'''"""  Straits.  It  is  broader,  deeper,  more  direct,  less  sunken 
rock.s,  and  the  Canal  de  llaro  is  perfectly  safe  at  night  or  in  a  fofr. 
which  I  cannot  say  of  It0.sario  Straits.  The  currents  are  strong  in 
both,  but  in  the  Canal  de  llaro  much  the  more  regular. 

I  have  very  i'requently  seen  the  Northern  Indians  coming  and  going 
through  llaro  Channel,  and  from  my  information  I  beli  \e  that  sucli 
Channel  has  alway.-?  been  nsed  by  them  in  their  trading  trips  from  the 
North  to  Eort  Victoria.  Indians  follow  customs  tenaciously,  and  do  not 
change  their  routes;  and  as  this  was  their  custom  in  1851, 1  am  positive 
it  was  previous  thereto. 

W.  N.  lIOBT()>. 


;il- 


Terkitory  of  "Wamiiington, 

County  of  Thurston,  xs  : 

Before  me,  Joseph  H.  Iloughtun,  Clerk  of  the  Supreme  Court  of  said 
Territory,  cameAVilliam  N.  llorton,  Avho,  beirig  first  duly  sworn,  didde 
pose  and  say,  that  he  had  carefully  read  the  foregoing  statement,  and 
knew  the  contents  thereof;  thai  the  same  had  been  dictated  by  him; 
and  that  so  much  thereof  as  was  stated  from  his  own  knowledge  was 
true,  and  so  much  thereof  as  was  stated  upon  information  he  verily  be- 
lieves to  be  true. 

In  testimony  whereof,  1  have  hereunto  set  my  hand  and  allixed  the 
Seal  of  said  Court  this  iJOth  day  of  IMarch,  A.  D.  187li. 

[SEAL.]  *         JOSEPH  H.  UOUGUTON, 

Clerk  (Su2)r€me  Court,  Washington  Territory. 


]{ErLY    OF    THE    UNITED    STATES— APJ'ENIUX. 


Affidavit  of  John  McLcod. 


1G9 


HOirr()>'. 


I  allixod  [he 


United  States  of  AmePvIca, 

Terrifori/  of  Washinf/ioH,  ss  : 

I,  Joiiii  McLeod,  of  IMcree  County,  Wasliinp^ton  Territory,  do  solonmly 
(ieclare  upon  oath  that  1  am  a  naturalized  citizen  of  the  United  States, 
of  the  age  of  fifty-six  years,  and  was  born  in  Lewes  Ishind,  North  of 
bcotland.  I  arrived  in  this  Territory,  then  Oregon,  in  the  service 
90]  of  the  Hudson's  Bay  Company,  in  the  Fall  *of  I808,  at  Fort  Nis- 
qually  on  Puget  Sound,  and  immediately  was  put  on  board  of 
the  Compaiiy's  Steamer  Heaver;  Captain  McNeil  was  then  master. 
Wliile  I  Avas  on  board,  she  was  also  commanded  by  Captain  Brotchie 
and  Cai)tain  Duncan.  My  duty  was  that  of  Stoker.  Up  to  18i2,  when 
Fort  Victoria  was  established  on  Vancouver's  Island,  she  made  two 
trips  up  North  from  Fort  Nisqually  annually,  in  collecting  furs.  I  con- 
tinued on  board  until  the  .spring  of  1844,  (April,  1  think,)  since  which 
time  I  have  lived  in  Pierce  County,  near  Fort  Nisqually.  I  know  San 
Juau  Island,  and  the  channel  between  it  and  Vancouv.jr's  Island.  I 
made  in  the  Steamer  Beaver,  after  3  842,  and  till  1  was 
discharged,  at  least  two  trips  to  the  North  each  year,  that  ui'H|r»av,,;u,yby 
is  to  say  in  1842  and  184.'3.  While  building  the  Fort  at  ir{r,,MH,,lMy'','m".. 
A'ictoria  till  the  buildings  were  well  up,  Ave  staid  in  the 
harbor  as  a  Guard  against  the  Indians,  and  while  thus  delayed  the 
Beaver  towed  the  Schooner  Cadboro,  two  or  three  times  to  the  mouth 
of  Eraser's  Iliver.  In  all  her  trips  North  from  Fort  Victoria  to  Fort 
Simpson,  and  back,  and  in  towing  the  Cadboro  to  Fraser's  Biver,  we 
always  went  through  the  channel  between  Vancouver's  Island  and  San 
Juau  Island.  After  1842  the  Steamer  Beaver  only  came  to  Fort  Nis- 
([iially  on  particular  business.  Her  regular  trips  twice  a  year  were 
made  between  Fort  Victoria,  on  the  Island  of  Vancouver,  and  the  trad- 
ing-posts north  of  the  (iulf  of  Georgia.  I  can  remember  at  least 
eiglit  or  nine  trips  through  the  channel  between  Vancouver's  Island 
and  San  Juan  Island,  Avliile  I  was  engaged  as  Stoker  on  the  Steamer 
lieaver.  His 

■      JOHN  +  M<  LEOD. 
Mark. 

Territory  of  AVAsiiirsGTON, 

Cotinty  of  Thurston,  ss  : 

Bel'ore  nie,  Joseph  H.  Houghton,  Clerk  of  the  Supreme  Court  of  said 
Territory,  personally  came  John  ]\IcLeod,  who,  being  by  me  first  duly 
sworn,  did  declare  and  say  that  he  knew^  the  contents  of  the  Ibregoing 
alUdavit ;  that  the  same  had  been  dictated  by  him  and  carefully  read  to 
liim,  and  that  the  same  was  true. 

in  testimony  whereof,  I  have  hereunto  set  my  hand  and  the  seal  of 
said  Court,  this  third  dav  of  April,  A.  J).  1872. 

[SEAL.]  JOSEPH  H.  HOUGIITOX, 

Clerk  Supreme  Court,  Wushinyton  Terrifori/. 


l" 
# 


[01] 


*Ajimirit  of  W.  H.  (h-O!/. 


Astoria,  April  8,  1872. 
The  undersigned  was  in  Fort  Vancouver,  on  the  Columbia  Kiver, 
Oregon,  in  the  month  of  Jainiary,  1837.    During  my  stay  at    ^nuLv,.,  .,„  the 
that  port  of  the  JIudson's  Bay  Company,  news  came  that  ""'i'*^""' 


4' 


170 


NORTHWEST    WATER    HOL'NDAHY    ARBITRATION. 


l!i;i 


one  of  the  Company's  vessels,  I  think  it  was  the  Steamer  Beaver,  had 
passed  llaro  Straits,  and  found  it  a  shorter,  deeper,  and  better  chainiel 
from  the  Gnlf  of  Georfjia  to  Victoria  than  tliat  nearer  the  main  land. 

1  was  informed,  by  tlie  Masters  of  the  Hudson's  Bay  Company's  vos 
sels,  several  of  whom  I  have  been  well  acquainted  with  since  the  winter 
of  1837,  that  the  Haro  Channel  was  the  safest  and  the  one  they  pre- 
ferred to  any  other. 

From  18.58,  and  onward,  I  have  frequently  and  invariably  passed 
through  the  Ilaro  Channel  iu  American  and  the  Company's  steamers. 
and  been  assured  by  all  the  masters  that  it  was  preferable  to  any  other. 

As  to  the  question  of  the  Company  or  British  ignorance  of  the  Hiiro 
Channel,  I  verily  believe  it  wholly  fictitious,  and  that  it  was  well  known 
to  them  as  <  arly  as  1837,  and  that  the  Steamer  Beaver  had  passed  and 
repassed  it  from  Victoria,  on  Vancouver's  Island,  to  Fort  Langley.  on 
Fraser's  River. 

I,  W.  11.  Cray,  do  solemtdy  swear  that  the  foregoing  statements  are 
true  to  the  best  of  mv  knowledge  and  belief.     So  hel])  me  God. 

W.U.  GRAY. 

Subscribed  and  sworn  to  before  me,  this  8th  dav  of  April,  1872. 
[L.  S.J  A.'VAN  DUSEN, 

Xvtary  Public  for  Clatsop  Comity,  iState  of  Oreyon. 


ji^dai'it  of  J.  A.  Gardiner. 

The  undersigned  was  one  of  the  seamen  on  the  Exploring  Squadron 

of  Captain  Wilkes,  of  the  United  States,  on  the  American  Coast  in  1840 

-'11,  and  knows  that  the  Channel  de  Haro,  or  Belview  Channel, 

|02J      was  explored  during  the  continuance    of  the  surveying  *ex- 

l)edition  upon  the  Coast,  in  1811,  and  knows  that  it  has  been  for 

the  last  thirteen  years  universally  used  by  both  British  and  Americans, 

and  is  the  preferable  Channel  to  any  other. 

J.  A.  GARDINER, 
First  Officer  8.  8.  California. 

State  of  Oregon,  County  of  Clatsop,  ss  : 

On  this  10th  day  of  April,  A.  D.  1872,  personally  api)eared  before  me 
the  above-named  J.  A.  Gardiner,  and  to  me  personally  known,  who  sub- 
scribed his  name  iu  my  presence  and  swore,  according  to  law,  to  the 
truth  of  the  above  statement. 

[notarial  sea  L.J  A.  VAN  DUSEN, 

Notary  Public. 


Am.iavit,<i  ,,M  111. 

ClttKll  lit'  Hiirn, 


I'.:  I 


statements  of  William  If.  Oliver  made  before  the  Consul  of  the  United  States 
of  America,  residing  at  Victoria,  Vancouver  Island,  March  13,  A.  J>. 
1872,  touching  npon  the  navigation  of  the  Canal  de  Haro  and  liosario 
Straits. 


REPLY    OF    THE    UNITED    STATES— APPENDIX. 


171 


md  Rosario 


Alli.i;nil.<    nil     tl.c 
uiil  .1.-  H:iro. 


Island,  William  II.  Oliver,  who,  bt'iii'>'  first  duly  sworn,  states  as  fol- 
lows : 

My  ajj;e  is  fortyei^^lit  years;  my  residence  is  Yictoiia,  A'ancouver 
Island.  I  have  resided  here  most  of  the  time  since  eighteeu  hundred 
;uul  fifty-eight.  I  am  a  retired  merchant.  I  am  ac(iuainted  with  the 
route  of  travel  by  water,  by  steamers  and  sail-vessels,  British  and 
American,  in  making  trips  from  Victoria  to  the  Gulf  of  (leorgia  and 
Eraser  liiver,  since  the  year  eighteen  hundred  and  lifty-eight.  So  far 
as  my  knowledge  extends,  the  Canal  de  llaro  has  been  and  Jiow  is  uni- 
versally used  by  all  classes  of  vessels. 

In  eighteen  hundred  and   fifty-eight,  in  December,  or  in  Jauuary, 
eighteen  hundred  and  fifty-nine,  I  went,  as  a  i)assen- 
lli.jl     ger,  on  the  *Fudson  I>ay  Company's  steamer  Beaver, 

from  Victoria  to  "Derby"  or  "Old  Langley,"  as  it  was  called,  on 
Fraser  liivei^,  and  i>assed  through  the  Canal  de  Ilaro,  in  going  and  re- 
turning. At  that  time  and  since,  the  Canal  de  Ilaro  is  the  channel  gen- 
erally, and  I  think  exclusively  used  by  British  Steamers  and  others  in 
Soing  to  and  returning  from  Fraser  Iviver  and  (Julf  of  Ceorgia  to  Vic- 
toria. Masters  of  vessels,  and  navigators  generally,  have  expressed  the 
o])inion  to  me  repeatedly,  that  the  Canal  de  llaro  was  not  only  a  supe- 
rior channel  to  an^'  other  between  the  Continent  and  Vancouver  Island, 
but  was  the  oidy  one  used  by  mariners  in  passing  from  \'ictoria  to  the 
Gulf  of  Georgia  and  the  Eraser  lliver. 

1  have  been  acquainted  with  William  II.  ]\lcNeil,  formerl.v  Chief  Fac- 
tor in  the  Hudson  Bay  Company,  personally  since  18(J4,  aiul  by  reputa- 
tion since  1858.  Since  the  sixth  of  the  present  month  1  have  had  a  con- 
versation with  William  II.  McXeil,  in  which  1  asked  him  to  state  at 
what  time  the  lludson  Bay  Company  commenced  using  the  Canal  de 
llaro,  1)3'  steamers  aiul  other  vessels  employed  in  carrying  their  fur 
trade,  and  the  reasons  why  tliey  had  not  used  it  at  an  earlier  day.  lie 
slated  to  me  that  the  Hudson  Bay  Company  commenced  using  the 
Canal  de  Uaro,  for  the  above  puii)ose,  soon  after  they  established  their 
Trading-post  on  Vancouver  Island,  wliich  was,  as  he  said,  in  eighteen 
hundred  forty-two,  or  eighteen  liundred  and  forty  three ;  and  that  the 
Company  continued  to  use  it,  more  or  less,  from  that  time  on. 

And,  further,  that  the  Hudson  Bay  Company  ascertained  the  value 
of  the  Canal  de  Haro  for  purposes  of  navigation,  at  the  time  of  their 
comuioncing  to  use  it  as  above  stated.  He  further  stated  that  tht  rea- 
son why  the  lludson  Bay  Company  had  not  used  the  Canal  de  Haro 
previous  to  establishing  their  Trading-post  on  A''ancouver  Island,  was 
their  want  of  knowledge  of  its  real  value  for  purposes  of  navigation. 

On  pressing  my  inquiries  further  upon  the  subject,  the  said  William 
H.  McXeil  stated  tome  distinctly  and  positively  that  the 
Hudson  Bay  Company  navigated  the  Canal  de  Haro  with  .ii"iy\'iv,«iiV'/'i.y 
their  Steamers  as  early  as  one  thousand  eight  hundred  and  Mir.'vii',',.my  mm"- 
forty-two  and  continued  to  Jiavigate  the  said  Canal  de  Ilaro 
thereafter  exclusively,  in  carrying  on  their  trade  between  A'ictoria  and 
points  on  the  Gulf  of  Georgia  and  Eraser  liiver.  William  H.  JMcNeil 
has  been  in  the  Hudson  Bay  Company  service  since  18.'>7. 

W.  IT.  OLIVER. 

[91]  *C0N8ULATE  OF  THE  UNITED  STATES  OV  A:MEKn'A, 

Victoria.  Vancotiver  Inland,  liritiah  CoUimhia. 

1,  David  Eckstein,  Consul  of  the  United  States  of  America,  residing 
ittV^ietoria,  Vancouver  Island,  do  hereby  certify,  that  on  a,,,,!,,,,  „r  the 
this  thirteenth  day  of  March,  A.  D.  one  thousand  eight  hun-    '"' '" """ 


I 


i  '1 


If' 


172 


NORTHWEST   WATER   BOUNDARY   ARlilTIfATION. 


dre<l  jwmI  seventy-two,  i)er.sonally  appeared  before  me  William'^]  1.  Oli- 
ver and  made  oatli  and  subscribed  to  the  truth  of  the  foregoing  state- 
ments ;  I  further  certify  that  tlie  said  AVilliam  II.  Oliver  is  pei'soiially 
known  to  me,  and  tliat  lie  is  a  resi)e(!table  and  credible  i>erson,  to  whosti 
representations  full  faith  an«l  credit  can  be  given. 

In  witness  whereof  I  have  hereunto  set  my  name  and  i.xed  the  seal 
of  my  OfHce,  this  thirteenth  day  of  .AEarch,  A.  D.  one  thousand  eijilit 
hundred  and  seventy-two. 

fL.  S  J  DAVID  ECKSTEIN, 

United  ^Stati^s  Consul 


Iri 


Afidav'd  of  Charles  M.  Bradshau: 

Unitko  States  of  A:\ierica, 

Territory  of  Washington,  ss  : 

I,  Charles  31.  IJradshaw,  of  the  City  of  Port  Townsend,  County  of 
Jefferson,  in  said  Territory,  do  solemidy  declare  upon  oath  that  I  am  a 
native-born  citizen  of  the  United  States,  aged  forty  years  ;  that  I  came 
to  Washington  Territory,  then  included  in  the  Territory  of  Oregon,  in 
November,  1852.  Jn  March,  1853,  I  went  to  Dungeness,  on  the  Soiitli 
side  of  the  Straits  of  I^'uca,  in  Clallam  County,  AVashington  Territory— 
and  took  up  a  Donation  Claim — fronting  upon  the  Harbor  Avhich  is  but 
an  indentation  in  said  Straits  of  Juan  de  Fuca,  where  1  continued  to 
reside  until  some  time  in  1807. 

From  my  house,  without  the  weather  was  very  hazy  or  foggy,  1  Lad 
an  unobstructed  view  to  the  entrance  of  N'ictoria  Harbor,  the  shore  ot 
Vancfuiver  Island,  the  entrance  to  Canal  de  Haro,  the  shore  of  San  Juan 
Island,  and  the  entrance  of  Itosario  Straits.  Between  1853  and  18.15 
there  were  no  steamers  in  those  localities,  except  those  belonging  to  the 
Hudson  Bay  Company,  at  Victoria,  Vancoiiver  Island,  or  British  ves 
sels  of  war,  and  the  sight  of  a  vessel  propelled  by  steam  was  a  novelty. 
and  always  attracted  my  attention.  It  was  not  an  unfrequent  occurrence 
to  see  a  steamer  leaving  Victoria  Harbor,  passing  around  Trial 
[95 1  Island,  and  disappear  up  de  Haro  *Straits,  on  its  way  to  the  Giilt 
of  Ceorgia,  and  the  trading-posts  to  the  North.  The  Steamers 
Aiii,i,r..i.  ,M,  iiM  referred  to  by  me  were  without  any  doubt  the  Hudson's  Pay 
""•'''"'"'  Conipan.y's  Steamers  Beaver  and  Otter,  and  I  have  no  hes- 
itancy in  declaring  at  this  time  to  have  been  one  or  the  other  or  both 
of  those  vessels.  I  have  yet  to  see  the  lirst  Steamer  or  Sailing  vessel 
come  out  of  Victoria  Harljor  and  go  into  Kosario  Straits.  After  IS.'m, 
at  times  there  were  American  Steamers  making  trips  between  Olympia, 
AVashington  Territory,  and  Victoria, 

In  the  spring  an«l  summer  of  1858  1  made  a  number  of  trips  to 
Eraser's  Biver  from  Victoria,  and  returned  from  there  to  Victoria,  each 
time  going  through  Haro  Channel  and  returning  the  same  way.  On 
two  of  those  trii)S  to  Eraser's  Biver,  I  was  accompanied  by  from  forty 
to  fifty  small  boats  and  canoes,  many  of  which  boats  piloted  by  Indians, 
and  old  Hudson  Bay  Company  bargemen,  and  discharged  servants,  hi 
every  one  of  those  trips  no  other  route  was  proposed  than  through  llaro 
Straits.  At  that  time,  and  ever  since,  the  Haro  Channel  was  the  recog- 
nized route  of  travel  from  Victoria  to  the  Gulf  of  Georgia,  and  to  the 
mainland  of  British  Columbia  at  and  above  the  mouth  of  the  Eraser's 
Kiver.  All  the  Steamers  to  and  from  Victoria  used  that  Channel,  and 
none  other  was  spoken  of  or  used  either  for  sailing  Vessels  or  Steamers, 


K»< 


RKPi:y    OF    THE    UNITED    STATES— APPENDIX. 


173 


Since  1S5S,  I  speak  from  positive  knowledge,  the  Canal  de  Ilaro  lias 
boon  exclusively  iise<l  in  tlie  navigation  and  commerce  between  Victoria 
oil  Vancouver's  Island,  and  JJritisli  Columbia.  :^.iid  the  Northern  Coast. 

CHAJJLKS  M.  lilJADSllAW. 

TllRlUTOKY   OF   WA8iriN(iTOX, 

County  of  Thurtiton,  s.s: 

Defore  me,  Josej)!!  N.  Houghton,  Clerk  oi:'  the  Su|u'eme(.'ourt  of  sai«l 
Territory,  came  Charles  M.  JJradshaw,  who,  being  lirst  duly  sworn,  did 
depose  and  say  that  he  had  carefully  read  the  foregoing  statement,  and 
knew  the  contents  thereof;  that  the  same  had  been  dictated  by  him;  and 
tbiit  so  much  thereof  as  was  stated  from  liis  own  knowledge  was  true, 
aiul  so  much  thereof  as  was  stated  on  information  he  verily  believes  to 
be  true. 

Witness  niv  hand  and  the  seal  of  said  Court  this  KUh  day  of  ]Miirch, 
A.  D.  1872. 


[SEAL.] 


JOSEPH  N.  IIOUdllTOX, 

ClcyJc  Supreme  Court,  Waahiutfton  Territori/. 


■Ml 


jDGj    *  Extract  from  the  statement  of  Uriah  Vt'/.son,  nutde  before  the  United 
States   Consul,  residiuff  at  the  Fort  of  Victoria,  Van-     ^,y,     ,  „„  ,„« 
conrer  Island,  March  18,1872,  toiichinji  the  naritjation  of '■'•"''  ■""'■ 
the  Canal  de  Haro  and  Kosario  Straits. 

On  this  18th  day  of  March,  A.  D.  1872,  personally  appeared  bc^fore 
me,  David  Eckstein,  Consul  of  the  United  States  of  America  for  the 
Province  of  British  Columbia,  Dominion  of  Canada,  lesiding  at  the 
Port  of  Victoria,  Vancouver  Island,  Uriah  Nelson,  who,  being  tirst  duly 
sworn,  states  as  follows  : 

My  age  is  forty-five  years,  my  residence  Victoria,  Vancouver  Island. 
Since  185!)  I  have  resided  here  part  of  the  time,  and  the  rest  of  the  time 
at  Yale  and  Clinton,  on  the  main-land  of  British  Columbia.  My  occu- 
pation is  that  of  Merchant  and  Forwarding  Agent.  I  am  acquainted, 
since  the  year  1859,  with  the  course  pursued  by  all  classes  of  vessels, 
British  and  American,  plying  between  Victoria  and  ports  or  places  on 
the  (xulf  of  Georgia  and  Eraser  Hiver.  The  Canal  de  Ilaro  has  been 
since  1859,  and  is  now,  universally  used  as  the  Channel  by  all  Steamers 
and  Sail- Vessels,  British  and  others,  iu  making  trips  between  the  above- 
named  points. 

Since  the  year  1859  I  have  made  about  one  hundred  trips  between 
Victoria  and  New  Westminster  on  the  Eraser  Kiver,  as  passenger,  in 
Hudson  Bay  Company  Steansers  aud  others,  and  every  time  passed 
through  the  Canal  de  Haro,  iu  going  aud  returning. 

The  Canal  de  Haro  is  iu  fact  the  main  Channel,  and  the  only  one 
regarded  as  safe  by  Masters  of  Steamers  and  S.iil- Vessels,  who  are 
acquainted  with  the  waters  between  the  Continent  and  Vancouver 
Island. 

URIxVH  NELSON. 

Consulate  of  the  United  States  of  America, 

Victoria^  Vancouver  Island,  British  Columbia  : 
I,  David  Eckstein,  Consul  of  the  United  States  of  America,  residing 
at  the  Port  of  Victoria,  Vancouver  Island,  do  hereby  certify     Ami^it,  »,  ihu 
that  on  this  18th  day  of  March,  A.  D.  1872,  personally  ap-  """J""-"- 


h. 


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mm 


174 


NORTHWEST    WATER    HOUNJtARY'    ARIHTrfATIOX. 


[07]  iK'uri'd  l)ofore  mo  *Uri!ili  Nelson,  atul  niado  oath  and  siibim-iihcii 
to  tlic  tnitli  of  the,  ibi'(';;roiiij«' statonioiits ;  I  fiu'tlicr  certify  tliat 
tlie  said  I'riali  Nelson  is  personally  known  t»/  Mie,  and  tliat  lie  is  n 
respectable  and  credible  person,  to  \vl:o-;e  representations  full  faitli  an. I 
credit  can  b(^  j:iiven. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  afli.\<'d  tlic  scul 
of  niv  OHiee,  the  day  and  Near  lirst  above  writt<'n. 

[SEAE.|  "  "  DAVID  i:(MvSTI<:iN. 

Lulled  States  ('ohkiiI, 


No.  i\2. 


f  i 


.Krimrtfi  of  the  report  of  the  Voiiaije  of  de  iJti:a,forir<(riled  J)eeeinl>er  '2'.K 
ll\H,fro)n  AV/»  /.'/a.s',  l)i/  Juan  I'untoju  y  Arr'uaja.  From  a  certijiethvi'ii 
of  the  oyt(jiH(il  Jiejntrt  in  the  Jlj/droj/raji/ilcal  Uureaii  at  Madrid. 

El  ol  del  mismo,  como  a  las  cinco  de  la  maPiana,  salio  la  laiKJia 
armada  en  guerra,  a  las  (trdenes  <lel  sej;umlo  i)iloto  J)"  .losr 
.i.ATm.V.yu,'.' V',!',!,.  \'erdia  con  el  tin  de  exi)lorar  la  boca  <•  interioi'cs  del  Cniiiil 
de  Lopez  de  Aro  y  a  las  1(>A  re^resc'  con  toda  dilijiencia  y 
dio  parte  nl  Comand"'  de  que  no  podia  contiunar  la  Conunision  al  quo  hi 
liabia  destinado  por  haberse  visto  sorprendido  desde  quo  entroporci 
Canal  ))or  muchas  Canoas  do  Indios,  a  quienes  so  vio  i)rccisado  a  hacd 
fuego  y  <ino  do  haber  seguido  consideraba  so  exponia  a  perderso  con  hi 
gento  y  laucha,  pues  adomas  de  la  mucha  Indiada  quo  habia  concunidu. 
veia  concurrir  mncha  mas  en  tierra,  echando  canoas  al  aqua  y  al  mismo 
tiempo  oyeron  ou  ella  estruendo  como  de  tambor,y  en  las  Canoas  andalni 
lino  muy  solicito,  animando  y  repartiendo  znrrones  de  Hechas,  con  cuya 
noticia  y  atrovindonto  nos  homos  asogurado  sor  ciertolo  que  sns  misinos 
paisanos  nos  ban  sigiuticado,  y  en  la  retirada  echaron  a  pique  una  caiioa 
grando,  y  mataron  algunos  Naturales  de  los  que  mas  so  empefiabaii 
eii  atracar  la  lancha  por  todas  partes  con  gruesas  lanzas,  y  los  puutos 
do  hierro  arpona«las.  Eu  vista  do  lo  acaceido  detornnnd  el  Comaiul ' 
esperar  la  Goleta  para  soguir  el  expresado  reconocimiento,  la  que  foudeo 
proxima  a  nosotros  ol  11  de  Junio,  y  su  capitan  comunico  al  Comandaiitc 

ser  la  entrada  6  boca  do  Carrascouu  grande  archiplelago  de  islas 
[98]      *pequefias  (pie  tieno  do  E'*"  a  O*''  Cleguas,  y  de  N.  a  fS.  4  loguas,  y 

tienno  en  lo  interior  do  la  tierra  dos  brazos  do  mar  de  inetlia 
legua  do  ancho  que  so  internan  mucho,  doniorando  el  uno  en  el  I*'  cua- 
drante  y  ol  otro  eu  el  1°  los  cualos  no  pudo  ex[>lorar  mas  que  tres 
leguas  por  habersolo  impedido  los  fuertes  teniporalos  con  copiosa  Jluvia 
que  tuvo  por  espaci^  do  doce  dias,  y  que  hallandoce  sin  viveres  so  \w 
precisado  a  dejar  la  commisiou  sin  concluir  y  durante  el  dicho  tieiupo 
lo  insultaron  los  Indios  por  ties  ocasiones  a  quienes  rechazd  con  la  ar- 
tilleria,  tirando  varios  canofiazos  al  viento  para  sopararlos  de  la  Goleta, 
lo  que  en  breve  conseguia  pues  de  haborlos  dejado  quo  so  emi)eriaseii 
eu  laacciou  mariba  la  destrucciou  tan  grande  (pie  haria  en  ellos  con  la 
metralla  de  los  cafiones  por  venir  numerosa  Indiada  en  Miichas  Canoas 
juntas,  demostrando  ser  muy  guerreros  y  atr  vidos  y  on  lo  que  anduvo 
vio  ciuitro  grandes  rancherias  y  todas  visten  lo  mismo  «pie  los  de  Nooa, 
con  .alguuo  difereucia  en  el  idioma. 

El  l4  de  dho.  Junio  mando  ol  Comandante  armar  la  lancha  eu  guerru 
proveer  la  Goleta  de  29  tiros  para  el  canon  y  pedreros  que  Ueva  mouta- 


REPLY    or    THE    UNITED    STATES— APPENDIX. 


175 


ml 


i»rii\('(l  tlif  seal 


tlos  (|ne  soil  sois  y  tiiitnl»'>  una  y  otra  coti  troiiita  liombres  de  mar  y  oclio 
soldiulos  lii'ibilcs  y  du  «'spiritu  do  lo.s  voluntiirios  dc  Cataluriii,  y  me  cn- 
ti('g(»  el  mando  do  la  Comisiou,  con  «'l  ohjeto  de  examinar  prolijamento 
ciiaiito  eoniproiida  el  canal  de  JiOpez  de  Aro,  y  casti^uar  a  los  Indios 
sit'iiipie  <iue  MU'lvan  <'M|niei'iin  insnltarnos  como  lo  hieieron  con  D"  ,Ios<i 
Vci'dia,  y  a  las  nneve  de  la  manana  nos  laryamos  con  toda  liierza  «le 
vela  y  con  viento  fresco  de  So.  con  el  cnal  nave;ii'amos  la  vnelta  del  1"' 
cuadrantc  liaciendolos  rnmbos  convenientes  ])ara  entrarpor  el  canal  do 
liOpez  do  Aro,  lo  (pie  consej;niinos  a  las  I'^  i>or  entre  varias  tiletas 
y  als'iinii'^  piedras  <pu'  tienno  pni.ximas  ii  la  costa,  y  on  toda  oncon- 
traiiios  mny  recia  corrionte  la  quo  liacia  remolinos  tan  jirandes  (jue  ]>ar- 
ccia  nave<ial)amos  por  un  Jfio  muy  caudaloso,  y  liallandonos  I'l  las 
II  rebasados  ontoramente,  se<>uimos  en  vuelta  del  cnarto  cuadranto 
]>or  ser  la  direccion  (pie  llova  osto  canal,  ])or  el  cual  nave<;'anu)s  cou 
viento  fiosco  del  tercer  cuadrante  hasta  las  IL'}  (pie  rofrosc('>  al;io  mas, 
por  cava  ra/on  no  ino  era  posdjlc  se{?uir  a  la  vela  i»or  lo  mucho  (pu»  mo 
sotaventeaba  do  la  Goleta  (cpie  se  liabia  nuuidado  tender  la  base)  y  por 
lo  iiiisnio  los  at'erre,  y  ecliando  abajo  los  i)alos  so^'ui  al  remo  en  su  do- 
maiida,  haciendo  mucha  aj^ua  (pre  mo  ontraba  por  la  bor<la  por  estar  la 

nnir  picada.  La  Goleta,  uotandome  quo  nada  podia  ^ranffcar  so 
iiiiij     puso  a  la  (,'apa,   y  habiondo  a  la  lA  Uegado  a  su  bordo,  *mande 

arbolar  los  palos,  y  largaudo  las  velas  segni  por  la  popa  de 
i('iiiol((UO  do  cuya  conlbrmidad  soguimos  liasta  las  8  do  la  tardo  (juo 
vioiulo  se  estaba  poniendo  el  sol  y  no  teniamos  ya  mas  (ino  voutoliiuis 
y  que  por  est<'  motivo  no  podiauios  llogar  a  uu  fronton  do  tierra  quo 
iiabianios  denmrcado  on  dondo  nos  parocia  so  conduia  osto  bra/o  del  4^ 
cuadranto  mo  larguo  al  remo  en  ladomanda,  y  habiondo  roconocido  erau 
(los  bocas  que  sus  direcciones  iban  la  una  al  1'''  cuadranto  y  la  otra  al 
o",  retrocodi  llegue  a  la  Goleta  a  las  lOi  la  cual  estaba  fondeada  prox- 
iina  a  tiera  en  I'O  brazas  de  agua  foudo  lama,  dondo  paramos  la  noclie, 
sinliaber  visto  en  todo  el  dia  mas  que  un  Indio  y  varias  hunmredas  eu 
el  jjrande  boscpie  que  Lay  ii  orillas  de  la  playa  de  todo  el  podazo  de 
Costa,  en  dondo  liicieron  sus  naturalos  retroceder  al  piloto  13"  Jose 
Verdia. 

Nota — quo  el  haber  determinado  el  Comandanto  saliese  cou  la  lanclia 
cu  consorva  con  la  Goleta  ha  sido  con  el  lin  do  que  tomasemos  con  las 
dos  embarcaciones  las  dos  costas  de  este  canal,  por  habor  concebido 
todos  seria  mucho  mas  angosto  que  el  Estrecho,  y  siendolo  i)udieramos 
con  mas  pro)ititud  concluir  su  reconocimiento,  y  por  este  concepto  me 
dio  cuatro  dias  de  termino,  pero  ha  sucedido  todo  muy  al  coutrario,  pues 
nos  hallamos  en  un  imponderable  archipielago  de  islas,  con  rocas  y 
bocauas,  i)or  cuya  razon  hemos  determinado  no  sepeararnos,  tanto  por 
<pie  no  serian  capaces  de  eucontranos  en  muchos  dias,  cuanto  por  que  la 
lancha  no  es  approjiosito  para  semejante  comision  en  brazos  tan  anchos* 
per  ser  muy  pequena  y  no  toner  buque  para  aeomodar  los  necesarios 
correspondientes  al  efecto,  y  asi  hemos  dispuesto  siga  la  lancha  por  la 
popa  de  la  Goleta  al  remolque  y  que  se  ayude  con  sus  velas  cuando  haya 
viento  y  cuando  este  se  calme  pase  i\  proa  de  la  Goleta  ii  darle  remolque, 
y  erto  despesto  me  pase  a  la  Goleta  a  ayudar  ^  mis  companeros,  a  hacer 
las  nuichas  mareaciones,  enfllaciones  y  rectificacionos  que  hay  que 
hacer,  y  en  la  tarde  hemos  dejado  por  la  parte  del  O'®  varias  l)ocanas  y 
brazos  formados  al  parecer  de  muchas  islas  que  sus  direcciones  prometeu 
alguna  estension  por  ser  tierras  quebradas  y  rasas  y  sin  verse  por  detras 
serrania  alguna,  los  canales  no  hemos  seguido  por  haber  comprendido 
con  bastante  fundamento  ser  necesaaros  imuchos  dias,  y  traer  noaotros 
inuy  pocos  dias  de  termino,  y  tambieu  por  que  en  la  uavegacion  que 


w 


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171 


NORTHWEST    WATER    llOUNUAKY    AI.'MITKATION. 


■ 


m 


homos  Imm;1io  ostii  tardc  avistamos  i)or  la  baiida  «lt'l  IC''  iiii  hra/o  d,. 
iiiiiclia   mas  ostcnsioii  quo  las  hocas  (|ne    licmos    rcbasado,  y  luoiiic- 

iliaiido  a  i)iimeia  \  i.->ta  sor  mnclio  mas  I'ltil  s('<;>iir{'st*'  i)()isii  rstfii. 
(100|    *si()ii,  lo  licmos  aconlado  asi  [)ara  (|iU'  Invno  qiU'  piiiiciitic  d  cic. 

la'iscMilo  del  (lia  sr<;iiir  su  (U'lnanda. 
Kl  !;■>  del  «li(;lio  amanccio  ol  tiompo  claio  y  el  tcnalito  boiiancilili'  cU.] 
Lcivantc,  por  lo  tine  a  las  tros  do  la  manana  iiosli'\amos  y  scyuiiiKtscon 
^1  romolcjuc,  ii  la  laiiclia  y  los  oclio  ivmos  ii  la  (iolcta  do  la  viicltii  dd 
E'"  coil  ol  liii  <U;  iriios  a])ro\imaiido  al  bia/o  «'X|)i'osado  on  cuya  distan. 
cia  licmos  roconocido  varios  itromoiitoiios  dc  ticiia,  scfiiiii  siis  cstrt'iiios 
dtjmiH'straii  scir  {jfrandcs  isjas.  A  las  0  iios  vimosprc'cisados  adar  Ibiido 
])or  liabor  relrcscado  el  tonal  dol  K'*^  y  lo  ojocutamos  on  11  bi azos  dc 
ajfua  t'oiido  canajo,  jn'oximo  a  una  piinta  (pio  i)ai'ocia  toner  una  iie^iiiciia 
entrada,  y  habiondomo  lai'^i'ado  I'on  la  lanclia,  reeonooi  nn  bnon  piuitii 
aiuupio  poipiofio  pnos  lo  mas  lar;^o  do  el  tioiio  una  y  media  millas,  y  Id 
mas  anclio  una,  pero  rosyuaidada  do  tudo  vlonto  y  su  iondo  es  dc  ],; 
hasta  L*  biazos  arena  tina  y  so  lialla  situado  on  lo  mas  sur  do  la  isln  dc 
Sayas,  y  lo  i)Uso  ])uorto  do  San  Antonio.  A  las  !>A  (ralmi)  ol  tonal,  y 
liabiondo  lloj>a<lo  a  la  (loleta  como  a  las  dioz  do  la  manana, nos  lovaiiios 
y  soguimos  eon  los  romos  do  olla  y  ol  romobpio  do  la  lanoha  la  viulta 
dol  1"^^'  ouadranto  liasta  ol  medio  dia  ii  oatravosando  ])or  la  boca  do  una 
profunda  onsonada,  dimos  Ibndoon  olla  on  18  brazos  do  aguaoascajjillo. 
y  luofjo  sali  oon  la  lanolia  a  rooonooorla,  la  oual  tione  do  larjifo  dc  No, 
SE.  7  millas  (y  on  su  Ibndo  dos  booas  on  ol  1^  y  4^  ouadranto,  siondo 
esta  dol  4^  la  quo  ayor  tardo  rooonoeo  j-iraba  i)ara  ol  1^)  y  do  anclio  -k. 
y  liabiondo  a  las  .'}  do  la  tardo  conoluiclo  ol  mismo  oxamon  quo  on  tan 
corto  tiompo  sopodia  liacor  nos  lovamos  y  luogo  quo  la  montamos,  se 
nos  quodd  ol  vionto  calma  y  soguimos  con  ol  romolque  do  la  lancha  y  los 
remos  do  la  Golota  a  atracar  una  punta  salionte  quo  nos  domoraba  on  el 
primer  ouadranto,  lo  quo  consoguimos  a  las  siote  y  luogo  que  la  robusa 
mos  vimos  ])or  ol  ouarto  ouadranto  un  may  grando  y  dilatado  canal, 
pues  soguii  lo  claro  dol  horizonto  so  alcanzaba  a  vor  mucba  distancia. 
y  eu  ol  medio  do  ol  so  distinguia  oomo  a  i)ordor  do  vista  \\n 
hr,^^!ZZ''r'Ln"\  poquouo  corro,  a  modo  do  Pan  d(^  Azucar,  siondo  advortoneia 
<luo  los  ostromos  d  puntas  do  tiorra  quo  forman  osto  canal  cs 
sorrania  muy  olovada,  cubiorta  do  niovo,  al  cual  lo  puso,  on  honor  de 
imostra  Patrona,  por  ser  el  punto  do  mas  consideraoion  que  hasta  lo 
prosonte  homos  desoubioi to  El  Oran  Canal  do  N*™  S'"  dol  llosario,  la 
marinera.        #        ♦        # 

El  Hi  de  Julio  ontro  on  este  puorto  y  pasi)  por  nuostro  castillo  eon 

las  mochas  oncendidas  y  gonto   armada,  ol   Capitan  Juan  Ken- 
,[101J    *drique  Uostonos,  con  bandora  do  su  nacion,  on  la  Balandra  Wa- 

siutou  aparejada  de  bergantin,  y  se  fu6  a  fondoar  al  invornadero 
voy.B.v.iK.niii.k  que  Hainan  de  Malbinas  quo  se  halla  tros  loguas  al  N"' <!•-' 
'"'"'•'  estti  ontrada,  y  grando  puorto  do  Noca;  siondo  este  indi- 

viduo  el  queencontrd  D"  Estoban  Martinez  ol  ano  do  80  on  oste  mismo 
invornadero,  mandando  la  osprosada  Balandra  y  la  Fragata  Columbia, 
que  ya  tieno  remitida  dosdo  Macao  al  l!^''^^  do  America,  a  rrovincias 
Uuidas.  Al  i)asar  por  el  Castillo  se  le  pregnnto  con  la  bocina,  qiiicu 
era  y  de  donde  vonia,  y  rospondio  no  ontondor,  por  cuya  razon,  y  sin 
pordida  do  tiompo  le  pase  olicio  ol  Comandante  interno  de  este  Estab 
licimiento  U"  liamon  Saavodra,  «pie  hasta  la  jirosente  portenecia  osta 
tierra  al  dominio  do  N""  Soborano  y  quo  por  lo  mismo  no  podia  ontrar, 
ui  comerciar  sin  el  dobido  pormiso,  y  que  dijese  de  donde  venia  y  la 
causa  de  ontrar  en  este  puorto,  i\  quo  respoudio:  de  Macao  con  destiuo 
de  comerciar  de  toda  la  coste  eu  pioles  <le  Nutrias,  y  que  luego  que  cou- 


KKPLV    OK    TIIH    TNITKI)    STATUS APPKNDIX. 


177 


cliiycsc  sii  comisioii  lu'iisiilm  liirsiirse,  lo  quo  voritlci'j  el  clia  L'^,  saliendo 
;i  111  mar  sin  ]iasiir  por  el  ('si.srillo  piies  lo  ejecMiti*  por  el  brazo  «le  ajfiiii 
sahula  <ine  va  por  deiitro  «le  este  jtuerto  a  la  HahiaileBiiena  ICsperanza, 
iiup  se  lialhi  10  le;;.  al  N" de  e.stii  entriidii  deXoca,  qiietieue  su  eiitnula 
(iboca  al  mar  sobre  la  inismaeosta,  siendo  toda  ella  una  ^ran  isla,  coino 
til  ol  ad.jnnt(»  piano  se  manitiesta,  del  niismo  niodo  que  todo  lo  que  se 
lui  descubierto,  pues  ]>ara  ello  el  espresado  piano  va  en  Carta  Ksterica 
y  comprende  solo  desde  la  punta  de  lJys.se  hasta  lo  maa  Sur  del  J'^stre- 
(lio,  con  todos  los  int«'riores  de  la  eosta  que  se  ban  reeonocido. 


n 


No.  03. 


Eitmd  ffom  the  Instntctinns  to  Commander  George  Vancourcr,  hif  the 
CommisMioners/or  executing  the  ojfiee  of  Lord  Jliyh  Admiral  of  Great 
Britain  and  Ireland,  d;c. 

[yaneonrer''s  Voyage,  J.  Introduction,  page  XA'I J.] 

The  particular  course  of  the  survey  must  dei»end  on  the  dilVerent  cir- 
cninstancea  which  may  arise  in  the  execution  of  a  service  of  v,n,,,.„v,.,  t„i. 
this  nature ;  it  is,  however,  proi)er  that  you  should,  and  you  ';';;,;;', ',!!!  'iVl ,;," 
arc  therefore  hereby  required  and  directed  to  pay  a  ]>artic-  »»'^'"""'" 
uhu'  attention  to  the  examination  of  the  sup|)osed  Straits  of  Juan  de 
Fuca,  said  to  be  situated  between  48°  and  49°  north  latitude, 
[lOli]  and  *to  lead  an  opening  throu{jh  which  the  sloop  Washington  is 
rejiorted  to  have  passed  in  1781),  and  to  have  come  out  again  to 
the  nortliward  of  Nootka.  The  discovery  of  a  near  communication  be- 
tween any  such  sea  or  strait,  and  any  river  running  into  or  from  the 
hike  of  the  Woods,  would  be  particularly  useful. 

If  you  should  fail  of  discovering  any  such  inlet,  as  is  above  nien- 
tioiied,  to  the  southward  of  Cook's  river,  there  is  the  greatest  proba- 
bility that  it  will  be  found  that  the  said  river  rises  in  some  of  the  lakes 
already  known  to  the  Canadian  traders,  and  to  the  servants  of  the  Hud- 
son's bay  company ;  which  point  it  would,  in  that  case,  be  material  to 
ascertain  ;  and  you  are,  therefore,  to  endeavor  to  ascertain  accordingly, 
wiih  as  much  precision  as  the  circumstances  existing  at  the  time  nniy 
allow ;  but  the  discovery  of  any  similar  communication  more  to  the 
southward  (should  any  such  exist)  would  be  much  more  advantageous 
tor  the  purposes  of  commerce,  and  should,  therefore,  be  preferably  at- 
tended to,  and  you  are,  therefore,  to  give  it  a  preferable  attention  ac- 
cordingly. 


Xo.  64. 
Extract  of  Voyage  of  Captain  Vancouver. 

Soundings  in  some  places  only  could  be  gained  close  to  the  shore; 
and  in  the  middle  no  bottom  had  anywhere  been  found  with  s„  ,o.,n,i,ug,  „p 
100  fathoms  of  line,  although  the  shores  were  in  general  n'-ronvanlouve,', 
low,  and  not  half  a  league  asunder. — (Vol.  1,  p.  240.)  i.  <.i  «rrat  j.,.th. 

As  we  stood  to  the  westward,  our  depth  soon  increased  to  fifteen 
fathoms,  after  which  we  gained  no  bottom  until  we  reached  the  western 
shore  of  the  gulf.— (Vol.  1,  p.  299.) 
12  D 


>*  -I 


r 


17K 


NOinilWEST    WATKU    MOINDAWY    AUItlTKATION. 


No.  <M. 


Kxiractx  from  tliv  miKtrlcs  of  Mr.    Ihtnicl  ]V(hNt(r  In  the   Stuuiv  of  fl,i> 

United' IStaUx,  MarcliM,  \>^Ui. 

Tlio  (Idvciiiiiu'iit  of  tilt'  TnittMl  {States  lin.s  lu'ver  odcriHl  any  liii|. 
south  of  fortyiiifu',  (with  thcuavij-atioii  of  tii«^  Cohiiiihia,)  and  it  never 

will.  Jt  bt'hoovi's  all  conct'inrd  to  regard  this  as  a  sottk'd  iioint. 
[10.'{j    As  to  the  navi<{ation  of  the  Colinnbia,  i)ernianeiitly  or  for  a  *teiiii 

of  years,  that  is  all  matter  for  jnst,  reasonabh',  and  friendly  ne;;(i 
tiatioii.  J>nt  the  forty-ninth  i»aralh'l  must  be  rej-anled  as  the  general  line 
of  boundary,  and  not  to  be  depaited  from  f(U'  any  line  further  south.  As 
to  all  straits,  and  sounds,  and  islan«ls  in  the  neighboring  sea,  all  tliesc 
are  fair  subjeets  for  treaty  stipulation.  If  the  general  basis  be  a^Meed 
to,  all  the  rest,  it  may  be  presumed,  nuiy  be  aceomplished  by  the  exereisc 
of  a  spirit  of  fairness  ami  amity.  *  *  What  I  meant,  and  wliiit  1 
said,  was,  that  if  1!)°  should  be  agreed  on  as  a  general  basis,  I  wun 
satisfied  to  negotiate  about  all  the  rest.  iJut  the  gentleman  from  Ohio 
and  the  Senate  will  do  nui  the  Justitre  to  allow  that  I  said,  as  plainly  as 
I  could  speak  or  put  down  words  in  writing,  that  England  must  iioi 
ex[»eet  anything  south  of  4!)^.     1  said  so  in  so  umny  words. 


No.  GG. 


Four  Years  in  lirilish  Columbia  and  Vancouver  Island.    Bij  Commaniln 
li.  C.  Mayne,  A'.  X.,  F.  li.  (i.  S.     London,  ISGli. 

The  breadth  of  the  Strait  of  Juan  de  Fuea,  at  its  entrance  between 
Cape  Flattery,  its  southern  point  ui)on  American  territory,  and  Boiiillii 
point  in  Vancouver  Island,  is  thirteen  miles.  It  narrows  soon,  however. 
to  eleven  miles,  carrying  this  breadth  in  an  east  and  northeast  direction 
some  fifty  miles  to  the  liace  Ivslandii. — (I*.  20.) 

At  the  Kace  Islands  the  Strait  may  be  said  to  terminate,  as  it  there 

uiw  r.  Fu.  u »  opens  out  into  a  large  exi)anse  of  water,  which  forms  a  i)lny 

"""'  '  ground  for  the  tides  and  currents,  hitherto  pent  up  anion;; 

the  islands  in  the  comparatively  narrow  limits  of  the  (Jnlf  of  (leoi;ii;i. 

to  frolic  ill.— 'Pages  21,  22.) 


li 'I 


li'' 


Facts  and  Figures  relating  to  Vaiicower  Island  and  British  Columbia.  Bij 
'I.  Despard  I'emberton,  Snrcei/o'-  (i.ncral  of  Vancouver  Island.  Lm 
don,  18G0. 

Steaming  for  the  fust  time  eastward  into  the  Straits  of  Juan  de  Fiie:i. 
the  scene  which  i)resents  itself  to  a  stranger  is  exceedingly  uovel 
[104J  and  interesting.  On  his  right  hand  is  Washington  *Territory,  with 
limit.,!  extent  ,.i  Jt^  sHOwy  mouiitaiu  range  stretching  jiarallel  to  his  couisi' 
F,H.'.«truit9.  fQj,  gjxty  miles,  flanked  with  Mount  Kanier  and  culminating 
in  the  center  with  Mount  Olympus.  Of  these  mountains  the  base  is 
in  some  places  at  the  coast,  in  others  many  miles  from  it.  This  raiifte 
is  occasionally  intersected  with  deep  and  gloomy  valleys,  of  which  the 
Valley  of  Angels  is  the  gloomiest  and  most  remarkable;  and  every  sue 


KEPLY    OF    Tlir.    rMTKK    STATK8 Al'I'KNDIX. 


170 


c    iSoKitr  of  flu' 


(ossioii  of  cIoimI  iuiil  sniisliiix'  (liani^cs  tlie  pinioraiiia.  On  liis  l<>l't  is 
ViiiHoiivt'i'  Ishitid,  in  contrast  lonUinu  low,  altlionjjii  t'ven  tlu'ni  as  lato 
;is  Jinio  some  spt'cks  of  snow  may  l>e  dctectcil  on  distant  inonntain 
tops.  Strai/j;Iit  before  him  is  the  (lulf  of  (i(MMj;ia,  stndtled  with  innn- 
mciahle  ishmds. — (T.  S.) 

A'it'tnria  was  selected  by  <  Jov('rin)r  Don^^las,  whose  intinnite  ac(|innnt- 
;iiico  with  tivery  crevice  in  tin-  coast  oiijiht  to  carry  considerabh^  weij;ht, 
as  "the  site"  in  1S4L',  when  he  expressed  his  (!on(l<h'nce  "that  theie  was 
110  sea  port  n()rth  of  the  ('ohimbia,  where  so  numy  advantajjes  (;onhl  be 
(oinhiiied;''  an  opinion  whicli  was  conliinied  by  Sir  (ieor}j;e  Simpson  in 
Ills  dispatch  of  .Inin}  lil,  IISIJ,  in  which  lie  states,  ''The  sitnation  of 
Victeiia  is  pecnliarly  elij^ible,  tlu?  conntry  and  climate  renmrkaidy  line, 
and  the  harbor  ex«'ellent."  And  asain:  ".Inne,  184(1. — Fort  \ictoria 
l»i'oiiiises  to  be«!onni  a  veiy  important  place." — (I'.  ;")(>.) 


No.  07. 

lldmvt  from  a  IcNer  of  N/r  J.  Pclbj,  (iorernnr  of  ihe  Ifiidson^s  Jim/  Corn- 
pony,  io  ihe  Lords  of  the  Coittmittee  of  I'rli'i/  CoHnvilfor  Tratlc, 

Hudson's  15 ay  ILousk,  February  7, 1838. 

My  Loiids:  For  nniny  years  previons  to  the  <j;vi\ut  of  exclusive  trade 
to  tlic  Hudson's  ]>ay  Company,  the  trade  of  that  coast  was  n^ nu,i..,„» il,v 
tiijirossed  by  the  subjects  of  the  United  States  of  America  ArnnmyirJn' I'll.' 
,111(1  Jiiissia,  the  oidy  establishment  occnpied  by  British  """"i' 
tnuki's  bein<?  "Astoria,"  afterward  named  "  Fort  (Jeorj^e,"  at  the  month 
ill  tlio  Cohunbia  Itiver,  while  no  attemi)t  was  made,  thron^h  the  means 
lit  ,slii[)ping,  to  obtain  any  i)art  of  the  trade  of  the  coast ;  and  so  nninofit- 
iibk'  was  it  in  the  years  1818,  181!),  1820, ; 821,  and  1822,  and  so  ditticnlt 
of  management,  that  several  of  the  leadinj;  and  most  intelligent 
10.")]  ])ersons  *in  the  conntry  strongly  recommeiuled  that  the  Company 
should  abandon  it  altogether.  The  Company,  however,  felt  that 
tlio  honor  of  the  (HMicern  would,  in  a  certain  degree,  be  compromised 
^ure  tliey  to  adopt  that  recommendation;  holding  as  they  did  under 
•  iovcnnnent  the  Ijicense  in  question,  and  with  a  degree  of  energy  and 
tiitciprise  which  1  feel  assured  your  Lordships  will  admit  reflects  much 
iTi'dit  on  themselves  an<l  on  their  otticers  and  servants  in  the  country, 
tlicy  directed  their  eilbrts  so  vigorously  to  tliat  branch  of  the  business, 
tliiit  they  compelled  the  American  adventurers,  one  by  one,  to  withdraw 
IVoiii  the  contest. 

The  outlay  and  expense  attending  this  comi)etition  in  trade  are  so 
lieavy  that  the  profits  are  yet  but  in  perspective,  none  worthy  of  notice 
iiiiving  been  realized,  the  result  showing  some  years  a  trifling  loss,  and 
ill  others  a  small  gain,  fluctuating  according  to  th«Ml<»gree  of  activity 
witlh  which  the  contest  is  maim  lined. 


Affidarit  of  W.  E.  Gray. 

In  a  conversation  had  with  Dr.  John  McLaughlin,  while  he  was  in 

•  barge  of  the  affairs  of  the  Hudson  liay  Company,  (time  1  cannot  state, 

Kxcept  1  am  confident  it  was  before  the  news  of  the  treaty  of  ISIG  reached 

Its,)  Dr.  McLaughlin  said  to  me  in  relation  to  Captain  N.  Wjeth,  who 


-m 


180 


NORTHWEST    WATER    BOUNDARY    ARBITRVTION. 


left  this  country  in  1S3G,  "That  if  he  (Captain  AVyt'th)  had  not  acccimd 
his  proposition  for  the  purchase  of  his  goods  and  Foits,  the  Companv 
would  have  insiste*!  on  otlier  means  to  get  rid  ot  his  (Captain  Wyotii'si 
competition  in  the  fur  trade."  I  have  always  understood  this  intimation 
to  mean  th.at  the  Company  would  insist  upon  letting  loose  tluir  Indian 
or  Aboriginal  allies  upon  Captain  Wyeth  or  any  otlier  American  fnr- 
trader  that  might  presume  to  compete  with  them  in  the  fur  trade,  tbc 
same  as  I  am  fully  satisfied  they  did  in  the  case  of  a  Mr.  G.  Smith,  the 
partner  of  Sublit  &  Jackson,  in  1828.  The  Indians  were  informed  tliat 
in  case  they  robbed  or  killed  the  Americans,  the  Company  would  noi 
punish  them  or  take  any  notice  of  it.  Smith's  party  were,  eleven  of 
them,  killed,  his  furs  received  by  the  company,  who  paid  a  nominal  price 
for  them,  as  per  testimony  of  G.  L.  Meak,  Hudson's  Bay  Company,  V, 

S.  U.  S. 
[10«)J        1  solemnly  swear  that  the  flrst  part  of  the  foregoing  state*nieiit 

is  true,  and  that  I  believe  the  latter  part  to  be  true.    So  help  me 
God. 

W.  ir.  GRAY. 

Subscribed  and  sworn  to  before  me  this  Sth  day  of  April,  18* 


[L.   S. 


A.  VAX  DL  SEN, 

Notan/  VuhUcfor  Claisoj)  County,  IState  of  Orefjm. 


lint'  thnmali  tliH 
.'hiuint'l  used  by  Vtm- 
cnn\  IT. 


Extract  from  a  letter  of  Sir  J.  FeUy,  Governor  of  the  Jlxftsoii's  llmj 
Company,  to  the  Earl  of  Aberdeen.  [FreciHe  date  not  atatcd,  hut  frm 
internal  evidence  certainly  later  than  May  1(5,  184G.J 

1  have  been  considering  the  subject  on  which  I  had  the  honor  of  ((Hi- 

versing  with  your  lordshij)  on  Saturday  last,  [May  JO,  184ii. 

r„„!lLn,y' wJ,  til  and  feeling  that,  in  the  multiplicity  of  business  which  coims 

I'n'm  iiV'Tumuiury  bcforc  your  lordship,  some  i)arts  may  have  been  overlooked. 

or  that  I  may  not  have  been  sutticiently  explicit,  1  Iiavt- 

thought  it  advisable  to  trouble  you  with  a  few  lines. 

In  the  first  place,  I  assume  that  the  f(nty-ninth  degree  of  latitudi', 
from  its  present  terminus,  will  be  continued  across  the  continent  to  tin 
waters  known  as  the  Gulf  of  Georgia,  and  be  the  line  of  deniarkatioii  ni 
the  continent  between  Great  Britain  and  the  United  States. 

The  next  question  on  which  the  government  of  the  two  countries  will 
have  to  decide  will  be  as  to  the  islands  abutting  on  and  in  tin-  (lull'  ni 
Georgia,  vi/-,  one,  Vancouver  Island,  intersected  by  tiie  paralh^l  ot  4H , 
and  others  which  are  wholly  on  the  south  of  that  ])arallel.  With  resiun  i 
to  the  former,  I  think  upon  the  principle  of  mutual  convenience,  (ami 
which  I  think  should  form  the  foundation  of  the  treaty,)  Great  Uiitain 
is  entitled  to  the  harbor  on  its  southeasteml,beingtheo«/// good  one,  tlmsi 
in  Puget  Souiul  being  given  up  to  the  United  States;  tliat  with  res|it'{t 
to  the  other  islands,  the  water  demarkation  line  should  be  from  tin 
center  of  the  water  in  the  Gulf  of  Georgia  in  the  torty-nintli  <le;;ni 
along  the  line  colored  red,  as  navigable  in  the  chart  made  by  Vaneouvii. 
till  it  reaches  a  line  <liawn  through  the  center  of  the  Straits  of -liiaii  ilf 
Fuca. 


m 


RKI'LY    OF    THE    UNITED    STATES APPENDIX. 


181 


101 


*N().  08. 


.  ir.  GKAY. 


8n\- 
i    Ih.' 


MriiHi'Mii  u'l-tht' 

A  iiHTn;itl  to  [liir.f 
on  the  chiiiiut'l  iis»'il 
hy  V,iiir..iivt'i'  ;i-i  lli»' 
biiiuiit;iry. 


Mr.  Crampton  to  Mr.  Bm-hnnan. 

[Extnict.] 

Wasiiingj'cjn,  Jttniiari/  \:\,  IS4S. 

]]d\  ill  iT;;iinl  to  tliis  jtortioii  of  the  bouiuliiry  line  ii  in-olimiiuiry 
ijUf'stion  iiiises,  which  turns  upon  tlio  interpretation  of  the     ,,,.•  iirii,-i 
tiviity,  rather  tlian  upon  the  result  of  local  observation  an<l 
>iu'vey. 

The  convention  of  the  l.^th  June,  IStO,  declares  that  the 
line  sliall  be  drawn  throujih  the  middle  of  the  "channel"  which  sepa- 
lati's  the  continent  from  Vancouver's  Island.  And  upon  this  it  may  be 
;i«ilced  what  the  word  "chaiuud"  was  intended  to  mean. 

(roiierally  si)eakin<4",  the  word  "  channel,"  when  employed  in  treaties, 
iiiians  a  deep  and  navigable  channel.  In  the  present  case  it  is  believed 
(liiitoiily  one  channel — tha-t,  namely,  which  was  laid  down  by  Vancou- 
ver ill  his  chart — has  in  this  part  of  the  gulf  been  hitherto  surveyed 
,1,1(1  used;  and  it  seems  natural  to  suppose  that  the  negotiators  of  the 
Dicyoii  convention,  in  employing  the  word  ''channel,"  had  that  i>artic- 
liliir  channel  in  view. 

If  this  constru(;tion  be  mutually  adopted,  no  preliminary  diHiculty 
will  exist,  and  the  commissioners  will  only  have  to  ascertain  the  course 
i»t'  the  line  along  the  middle  of  that  channel,  and  along  the  middle  of 
rlio  Straits  of  Fuca  down  to  the  sea. 

It  is,  indeed,  on  all  accounts,  to  bo  wished  that  this  arrangement 
Mioiild  be  agreed  upon  by  the  two  governments,  because  otherwise 
much  time  might  be  wasted  in  surveying  the  various  intricate  channels 
IbniitMl  b\  the  numerous  islets  which  lie  between  Vancouver's  Island 
.111(1  the  nuiin-land,  and  some  ditticMilty  might  arise  in  deciding  which  of 
iliosc  channels  ought  to  be  a(h)pted  foi"  the  dividing  boumhiry. 

Tilt'  main  channel  marked  in  Vancouver's  (ihart  is,  indeed,  somewhat 
Moarcr  to  the  continent  than  to  \'ancouver's  Island,  and  its  adoption 
would  leave  on  the  llritish  side  of  the  line  rather  more  of  those  small 
isli'ts  with  which  that  part  of  the  gulf  is  studded,  than  would  remain 
'111  thi'  American  side,     lint  these  islets  are  of  little  or  no  value. 

JOHN  F.  ('!;a:mi»t()N. 

lion.  James  UrciiANAN. 


HIS! 


*.\o.  VM 


Hxfracf  from  AiJ(l!t!int((l  I iisf ructions  to  ('djttain  l^reroxt. 

FdKEIGN  ()1  riCE,   A'(C»j/yf>'  1*0,  1 

If.  however,  the  commissioner   of  the  I'nited  States  will  not 
the  line  along   ]\osario   Strait,  and  //",  on  a  detailed   and 
accurate  survey,  and  on  wei}>bing  the  evidence  on  both  sides  Hrm,,..,! 
'»t  the  (inestion,  i/ou  .sliotthi  he  of  oitinion  tlidt  the  cJaiins  of  "mi'-.i'ii" 
llir  Mdjestifs  i/orernment  to  ronshler  Jiosdrio  Strait  u.s   the 
chdnncl  inilivatcd  by  the  words  of  the  treaty  cannot  he  snhstantiat' 
«<)iild  be  at  liberty  to  adoi>t  any  other  intermediate  i'haniu'l  wlii( 
iiiiiy  ilis(M)ver,  on  which  the  United  States  commissioner  and  yi 
may  agree  as  substantially  in  a(.'coi'dance  with  the  descri|>tion 
treaty. 

Ca]itain  FuEVOST. 


S.")(;. 
adopt 


nt.'h      iriiv- 

III      lilt'      *o- 
tHriM  HI*   ttn' 


;^  you 
•h  you 
>iirself 
of  the 


( 


Ir* 


182 


NORTHWEST    WATER    BOUNDARY    ARBITRATION. 


No.   70. 
Captain  Prevont  to  Mr.  Comphrll. 

[Extliicth.] 

riEit  P.RiTANNU*  Majesty's  Ship  Satellite, 

kSimiahmoo  Bay,  Gulf  of  Georfjia,  October  L'S,  l.s,')7. 

4,  By  a  careful  consideration  of  the  wording  of  the  treaty,  it 
wouhl  seeiu  distinctly  to  provide  that  the  channel  •lit-ntiiiMcd 
should  possess  three  characteristics:  1st.  It  shouhl  sejia 
rate  the  co»//ne?if  from  A^ancouver's  Island.    2^\.  It  should 

admit  of  the  boundary  lino  being  carried  through  the  muhlle  of  it  in 
a  southerly  direction.  .3d.  It  should  be  a  navigable  channel.  To  tlussc 
three  peculiar  conditions  the  channel  known  as  the  Ilosario  Strait  most 
entirely  answers. 

5.  It  is  readily  admitted  that  the  Canal  de  Arro  is  also  a  navioahlc 
channel,  and  therefore  answers  to  one  characteristic  of  the  channel  of 
the  treaty. 


Admiral  Prpvn 
fui  the  rl.aniu'l  ot  t 
treaty. 


November  0,  is,";:. 

The  Canal  de  Ilaro,  or  Arro,  is  undoubtedly  the  navigable  chaiiinl 

which,  at  its  position,  separates  Vanc!)iii'cr\s  Inland  from  the  contimnt. 

and  therefore,  while  other  channels  exist  more  adjacent  to  the  contiuciir, 

cannot  be  the  channel  which  '•  separates  the  con  tinent  from  Vaneoum'n 

Island:' 

[109]  *  November  21,  18.-)7. 

7.  With  reference  to  your  remarks  upon  the  map  drawn  In 
"  Charles  I'rouss,"  *  *  i  beg  you  to  understand  me  that  1  do  imi 
bring  this  map  forward  as  any  anthoritu  for  the  line  of  boundary.  *  ' 
I  will  at  once  frankly  state  how  far  I  am  willing  to  concede,  l)iit 
beyond  what  I  now  offer  I  can  no  further  go,  l\\  contemplating  your 
view  that  all  the  channels  between  the  continent  and  VancouvdV 
Island,  from  the  termination  of  the  Gulf  of  Georgia  to  the  eastern  tci 
mination  of  the  Straits  of  Fuca,  are  but  a  continuation  of  the  channel 
of  the  Gulf  of  Georgia,  I  see  a  way  by  which -I  can  in  part  meet  yom 
views  without  any  gross  violation  of  the  terms  of  the  treaty.  1  nin 
williuj^^  to  regard  the  space  above  described  as  one  channel,  havinjr'*" 
many  ditterent  passages  through  it,  an«l  I  will  agree  to  a  boundary  lim 
being  run  thnnu/h  the  '•^  middle'^  of  it,  in  so  far  as  islands  will  permit. 


'II 


No.  71. 

Mr.  Edward  Everett  to  Mr.  Campbell. 
[Extract.] 

lios'iON,  May  2i>,  IS"*-" 
As  the  radical  i>riiu;iple  of  the  boundary  is  the  forty-ninth  tlegnt'ii 
Mr  KTtt  .„,!,.  latitude,  and  the  <ndy  reascm  for  departing  from  it  was  to 
'''"'"'"'"'""'"  give  the  wliole  of  Vancouver's  Islaml  to  the  party  aiMjniiiii!.' 
the  largest  part  of  it,  the  <h>tlection  from  tin?  lorty-ninth  degree  soiitli 
ward  shouhl  be  limited  to  that  object,  and  the  nearest  channel  adopttil 
which  fulfllls  the  above  conditions. 

EDWAKl)  EVElUn" 
Archibald  Cambhell,  Es(|. 


REIM.Y    OF    THE    rXITED    STATES APPENDIX. 


1S3 


No. 


72. 


lintli  (Icijn'C 


Mr.  Camphell  to  Mr.  Gas.i. 
[Extracts.] 

WASHiN(rTON  City,  February  10,  1858. 

Captain  I'revost  finally  proposed  sn(!h  a  compromise  as  would  tlirow 
within  the  territory  of  the  United  States  all  the  islands 
A\{\\    but  *Sun  Juan,  the   laraost  and  most  valuable  of  Mr.r.'nu'.hl.ii'.'m'th'.- 

the  group.    Jieing  lully  satisfied,  irom  my  own  obser- 
vation, that  the  Canal  de  Ilaro  is  the  main  channel,  and  consequently 
•tlie  channel"  intended  by  the  treaty,  and  being  supported  in   this 
opinion  by  indisputable  contemporaneous  evidence  of  the  highest  otticial 
(liiu actor,  I  declined  to  accede  to  any  compromise. 

U.  S.  Northwest  Boundary  Commission  Camp, 

Sintiahmoo,  Forty-ninth  raraUcl,  i^cptembcr  2o,  1858. 

rractically  it  can  make  no  dift'erence  whether  the  main  channel  be 
adopted  as  "  the  channel"'  intended  by  the  treaty  upon  the  "  generally 
;i(liuitted  princii)le"  recognized  by  Mr.  Crampton,  ana  assented  toby 
I'd'  Majesty's  government  in  1S48,  or  whether  the  Canal  de  Ilaro  be 
ii(  ':'t.(l  01!  the  jiroof  of  contemiioraiieous  evidence  that  it  was  proposed 
I'"- fit      iritish  government,  and  in  good  faith  accepted  by  the  United 

tali  rt  as  the  boundary  channel.  In  either  case  the  Canal  de  IJaro  would 
lie  tlie  boundary  channel.  In  advocating  it  with  Captain  Prevost,  I  did 
not  confine  myself  singly  to  either  of  these  sntticient  grounds,  but  main- 
tained both,  with  others  equally  forcible  and  tenable. 

Under  the  mere  letter  of  the  treaty',  without  any  knowledge  of,  or 
reference  to,  the  motives  which  induced  the  adoption  of  the  water 
Ifoiuidary,  "  the  channel  which  separates  the  continent  from  Vaiuou- 
vt'i's  Islaiid"  may  fairly  be  construed  as  follows : 

1.  As  ^"the  channel,"  that  is,  the  main  channel,  if  there  be  more  than 
one.  And  this  is  the  view  taken  by  nautical  men  generally,  including 
otiieers  of  our  navy  whom  1  have  consulted  in  reference  to  the  language 
of  tlie  treaty. 

-.  The  channel  nearest  to  Vancourer's  Island,  without  regard  to  its 
size,  so  that  it  :s  navigable;  the  proviso  to  the  first  article  requiring 
lliiit  the  nnr-'iniiiii  of  sai<l  c  lannel  sh-ill  be  free  and  open  to  both  juir- 
ties.  If  [\  '>;i  1  V..)cn  intended  to  mean  any  other  channel  than  that 
iieare.sL  ;.  >•  •>  .*^  Island,  that  island  need  not  to  have  been  men- 
tioned at  all,  X.  r  i-'Icrred  to,  '-  the  channel  whi(;h  separates  the  conti- 
nent fioni  th  ~  u;!'';  jlago  east  of  Vancouver's  Island,"  or  "the  channel 
iiearcsf  the  cciiii', Mil,"  would  base  been  the  proper  descr  ption  of  the 
'•ii.iiiiit'l  now  claimed  liy  the  Ibitish  commissioner  uiider  "t  le  peculiarly 
I'l'ecJM'  and  dear"  language  of  the  treaty. 

•>■  I'lMHi  the  internalional  ground  that  islands  -uo  natural  append- 
ages to  the  continent,  and  that,  iinh'ss  otherwise  agreed,  all 
lllj  *th<' islands  between  the  continent  and  N'ancouver's  Island  east 
of  tlie  nearest  Ui'vigabh  channel  to  \'aiicouver\s  Island  pertain  to 

.♦i't);,.;  Mt. 


til 


<■  ;• 

'"' <  aw;]  de  Ilaro  would  be  the  channel  under  either  of  the  above 
lefrituiiat.     .  .  ;  r.^sof  the  treaty. 

l>iit  leaviM^  the  mere  letter  of  the  treaty,  and  referring  to  the  history 
<>t  the  negotiation  to  ascertain  the  cause  which  prevented  the  United 
States  arid  the  British  government  from  agreeing  upon  the  prolongation 


■^'11 


'^:l 


M 


w 


184 


NOUTHWEST   WATER   BOUNDARY   AR15ITRATI0N. 


of  the  forty-iiintli  i)arallel  to  theoceau,  it  will  be  foiiud  that  the  soutlicm 
end  of  Vancouver's  Island  was  alone  the  stumbling-block.  The  British 
government  refused  to  concede  it  to  the  United  States,  fourJifths  of  tlie 
island  being  north  of  the  forty-ninth  parallel;  and  the  southern  end, 
with  its  harbors,  being  the  most  valuable  portion.  The  United  States, 
considering  the  disadvantages  of  a  divided  Jurisdiction  of  the  island, 
and  the  probabilities  of  difficulties  arising  therefrom,  reluctantly  yielded 
it.  This  was  the  sole  object  in  deviating  from  the  forty-ninth  parallel, 
and  reduces  the  water  boundary  to  a  very  simple  question.  It  was  a 
second  compromise  line.  Divested  of  all  (piibbles,  the  meaning  of  the 
treaty  is  that  the  forty-ninth  ])arallel  shall  be  the  dividing  line  between 
the  territories  of  the  United  States  and  the  British  possessions  until  it 
reaches  "the  middle"  of  the  nearest  natural  boundary  to  Vaneoid-er's 
Island;  and  thence  the  line  shall  be  run  to  the  ocean  by  the  nearest 
natural  boundary,  in  such  a  direction  as  will  give  the  whole  of  Van 
couver's  Island  to  that  power  upon  whose  side  the  greatest  jiortioii 
would  iall  by  the  prolongation  of  the  parallel  to  the  ocean. 

AKCIIIBALD  CAMPBELL, 
('ommLsniontr  Northtrestcyn  Binoulari/  Svrfey. 
Hon.  Lewis  Cass, 


Xo. 


«o. 


fMl 


mi 


LoviJ  John  liKsscIl  to  Lord  Lyons, 
[Extracts.] 

FoHEiGN  Office,  Amjust  2i,lS^>*X 

The  Earl  of  Aberdeen,  to  whom  I  have  referred,  informs  me  tliiir 
he  distinctly  remembers  the  general  tenor  of  his  conversation  with 
fll2|    ]Mr.  jMacIiane  on  the  subject  of  the  Oregon  boundary,  and  it  *is 
certain  that  it  was  the  intention  of  the  treaty  to  adopt  the 
.■r.,r,','.-.,t'''ImK..uH?^  vi  ulcka  iinel  of  the  straits  as  the  line  of  demarkation,  without 
;!."n!.Tti.V'''li",',,rl!'  any  reference  to  islands,  the  i)osition,  and,  indeed,  the  very 
existence,  of  which  ha'l   hardly,  at  that  time,  been  aecii- 
rately  ascertained ;  and  he  has  ik>  recollection  of  any  mention  hav- 
ing been  nmde  during  the  discussion  of  the  Canal  deilaro,  or,  indeed. 
auv  other  channel  than  those  described  in  the  treaty  itself. 

i  also  inclose  a  memorandum  drawn  u))  by  Sir  Eichard  Pakenhani. 
the  negotiator  of  the  treaty  of  1840.  *  ♦  * 

The  adoption  of  the  central  channel  would  give  to  Great  Britain  the 
island  of  San  Juan,  which  is  believed  to  be  of  little  or  no  value  to  the 
United  States,  while  much  importance  is  attached  by  British  colonial 
authorities,  and  by  Her  ^Majesty's  government,  to  its  retention  as  ade 
pendency  of  the  colony  of  S'ancouver's  Island. 

Her  JVlajesty's  government  must,  therefore,  under  any  circumstances. 
maintain  the  right  of  the  British  Crown  to  the  island  of  San  Juan.  The 
interests  at  stake  -  i  connection  with  the  retention  of  that  island  are  toi» 
important  to  admit  (»f  couipromise,  and  your  lordship  will  consequently 
bear  in  mind  that  whatever  arrangement  as  to  the  bouiulary  line  is 
finally  arrived  at,  no  settlement  of  the  question  will  be  accepted  by  Her 
i>Iajesty's  government  which  does  not  provide  for  the  island  of  Smii 
Juan  being  reserve<l  to  the  British  Crown. 

J.  BUSSELL. 

LoHD  Lyons,  tCc,  dr.,  dc. 


REPLY    OF    THE    UNITED    STATES — ArPENDIX.  185 

Sir  Richard  Palenham  on  the  Watet'  Boundary  under  the  Oregon  ireaiy 

of  1840. 


1  have  examined  the  papers  put  into  my  hands,  by  ^[r.  Hammond, 
relating  to  the  line  of  boundary  to  be  est.ablished  between  the  ;<„  „  r.„^^,M,„, 
British  and  the  United  States  possessions  on  the  north-  ';,'.„'*;';',  ;',:"',•;»  j};;: 
west  coast  of  America,  and  1  have  endeavored  to  call  to  mind  'i''"'"^i"«i«""») 
any  circumstance  whicli  might  have  occurred  at  the  time  when  the 
Oregon  treaty  was  concluded  (15th  June,  1810)  of  a  nature  either  to 
strengthen  or  invali«late  the  pretension  now  put  forward  by  the  United 
States  (Jommissioner,  to  the  eft'ect  that  the  boundary  contemplated  by 
the  treaty  would  be  a  line  passing  down  the  middle  of  the  channel 
(113 1  called  Canal  de  llaro,  and  not,  as  suggested  on  the  part  *of 
Great  liritain,  along  the  mid<lle  of  the  channel  called  Vancouver's 
or  llosario  Strait,  neither  of  whicli  two  lines  could,  as  I  conceive,  ex- 
actly fultill  the  conditions  of  the  treaty,  which,  according  to  their  literal 
tenor,  would  re<|uire  the  line  to  be  traced  along  the  middle  of  the  chan- 
nel (meaning,  1  presume,  the  whole  intervening  si)ace)  which  sei)arates 
tlio  continent  from  X'ancouver's  Island.  An«l  1  think  I  can  safely  as- 
sert that  the  treaty  of  l.'itli  June,  1840,  was  signed  and  ratitied  with- 
out any  intimation  to  ns  whatever,  on  the  i)art  of  the  United  States 
(iovernment,  as  to  the  ]>articular  direction  to  be  given  to  the  line  ol 
lioundary  contemplated  by  article  I  of  that  treaty. 

All  that  we  knew  about  it  was  that  it  was  to  run  "through  the  middle 
of  the  channel  which  sei)arates  the  continent  from  Vancouver's  Island, 
and  thence  southerl.y  througli  the  middle  of  the  said  channel  and  of 
Fuea's  Straits  to  the  Pacific  Ocean." 

it  is  true  that  in  a  disi)atch  from  ]\[r,  ^racLane,  then  United  States 
minister  in  London,  to  the  Secretary  of  State,  ^Nlr.  Buchanan,  dated  JSth 
May,  1840,  which  dispatch,  however,  was  not  made  i)ublic  until  after 
the  ratification  of  the  treaty  by  the  Senate,  Mr.  MacLane  informs  his 
government  that  the  line  of  boundary  about  to  be  ])roposed  by  Jler 
Majesty's  government  would  "  lu'obi.bly  be  substantially  to  divide  the 
territory  by  the  extension  of  the  line  in  the  parallel  of  41P  to  the  sea, 
that  is  to  say,  to  the  arm  of  the  sea  called  Birch's  Bay,  thence  by  tin* 
('anal  de  Haroand  straits  of  Fnca  to  the  ocean." 

It  is  also  t'ue  that  INIr.  Seinitor  Benton,  one  of  the  ablest  and  most 
zealous  advocates  for  the  ratification  of  the  treaty,  (relying,  no  «loubt, 
on  the  statement  furnishetl  by  ]\Ir.  ^lacLane,)  did,  in  his  si>eecli  on  the 
subject,  describe  the  intended  line  of  boundary  to  be  one  passing  along 
the  middle  of  the  llaro  channel. 

l)Ut,  on  the  other  hand,  the  I'iarl  of  Aberdeen,  in  his  final  instructions, 
dated  18th  ^lay,  1840,  says  nothing  whatever  about  the 
Canal  de  llaro,  l)ut,  on  the  contrary,  desires  that  the  lini^ 
might  be  drawn  "  in  a  southerly  direction  through  the  cen- 
ter of  King  George's  Sound  and  the  Straits  of  l-'uca  to  the 
Pacific  Ocean." 

It  is  my  belief  that  neither  Lovii  Aberdeen,  nor  3Ir.  ^MacLane,  nor  ^Nlr. 
Hiichanan  possessed  at  that  time  a  sufficiently  accurate  knowledge  of 
the  geography  or  hydrography  of  the  region  in  ((uestion  to  enable  tiiem 
to  define  nune  accurately  what  wsis  the  intended  lino  of  boundary 
nil  I  than  is  expressed  in  the  words  of  the  *treaty,  ami  it  is  certain 
tliat]\Ir.  liuchanan signed  the  treaty  with  Mr.  MacLane's dispatch 
iiefore  him,  and  yet  that  he  made  no  mention  whatever  of  the  "Canal  de 
llaro"'  as  that  "through  whicdi  the  line  of  boundary  would  run.  as 
iMiderstoud  bv  tlu^  United  States  government.'' 


u. 


I'fikHrihiirn 
l.i.r.l  Al.- 
tTilfr-n''*  iii^lnictiofi 
luf  ^iipi>rt-<,iri«  tiiH 
il.->i mi'iciii    III'    ti.i- 

I  li;iiiiii-l.illiii-tri-iilv. 


i     •■:  P I 


M 


1-Jj 
-.  ill 


¥ 


'Kffl  ..«'•: 


18(; 


NORTH WKST    WATER    IJOl.'NDAKV    ARBITRATION. 


li 
It  ! 


,My  own  dispatch  of  that  j)oriod  contains  no  observation  whatever  of 
a  tendency  contrary  to  what  I  thns  state  from  memory,  and  they,  tlim- 
fore,  so  far,  pleac!  in  lavor  of  the  accuracy  of  my  recollection. 


No.  74. 

Afr.  Caxs  to  Mr.  Dallas. 

Dei'Artmknt  of  State, 

Wa,shin(]toH,  October  20,  18.")I>. 

Sir  :******* 

The  words  of  the  treaty  are  "through  the  middle  of  said  channel  and 
M,  .  M.  .„,  ,i„  of  Tucii's  Straits  to  the  Pacific  Ocean.''  Ordinarily,  and  in 
""""'""''■'""'  the  absence  of  any  other  controlling;  circumstances,  the  way 
which  would  be  selected  from  one  given  point  to  another  would  be  tlie 
sliortest  and  the  best  way.  Jn  the  present  case  this  is  the  Canal  dc 
llaro,  which  is,  undoubtedly,  the  broadest,  the  deepest,  and  the  shortest 
route  by  which  the  Straits  of  Fuca  can  be  reached  from  the  point  of  dc- 
flection.  This  ])re-eminence  was  given  to  it  by  De  Mofras  as  long  ii<;o 
as  1841,  and  it  has  been  fully  confirmed  by  subsequent  surveys.  Tiio 
Canal  de  llaro  may,  therefore,  be  fairly  regarded,  from  its  own  intrinsic 
merits  merely,  as  the  main  channel  down  the  middle  of  Mhicli  the 
treaty  boundary  is  to  ])ass  to  the  Straits  of  Fuca. 

It  is  the  only  channel,  moreover,  which  is  consistent  with  the  jMirpos): 
of  those  who  negotiated  the  treaty,  for  it  is  the  only  chatmel  which 
separates  Vancouver's  Island  from  the  continent  without  leaving  sonic 
thing  more  to  (ireat  IJritain  south  of  the  forty-ninth  parallel  than  the 
southern  cape  of  that  island.  The  Jlosario  Channel,  claimed  by  Captain 
Prevost,  would  surrender  to  (heat  Britain  not  only  Vancouver's  Island, 
but  the  whole  archipelago  between  that  island  and  itself;  while 
jll5|  the  middle  channel,  which  is  *proposed  as  a  compromise  by  Lovi 
John  Eussell,  would,  i  '  like  manner,  concede  the  important  island 
of  San  Juan. 

These  considerations  seem  to  be  almost  conclusive  in  favor  of  the 
Haro  Channel.  IJut  they  are  abundantly  confirmed  by  evidence  con 
temporaneous  with  the  negotiation  of  the  treaty.  The  description  given 
by  J\lr.  MacLane,  immediately  after  he  had  an  interview  on  the  subject  with 
Jiord  Aberdeen,  of  what  the  British  proposal  would  be,  has  already  been 
mentioned,  and  carries  the  line  in  so  many  words  down  the  Canal  de  Hani. 
Equally  clear  is  the  statement  of  Senator  Benton  as  to  what  the  proposition 
was.  Colonel  Benton  was  one  of  the  most  earnest  members  of  the  Senate 
in  his  support  of  the  treaty;  and  he  was  better  acquainted, perhaps,  than 
any  other  member  with  the  geography  of  the  region  in  dispute,  llis 
construction,  therefore,  of  the  treaty,  at  the  very  time  it  was  before  the 
Senate  for  ratification,  is  entitleil  to  no  inconsiderable  weight.  On 
that  occasion  he  said:  "The  first  article  is  in  the  very  words  which  1 
myself  would  have  used,  #  *  #  and  that  article  constitutes 
the  treaty.  With  me  it  is  the  treaty.  #  *  #  r^\^^i  j,.i.,.j,t 
question  was  that  of  boundary.  #  #  #  #  ^,\h(in 

the  line  reaches  the  channel  which  separates  Vancouver's  Island  from  the 
continent  *  *  *  it  proceeds  to  the  middle  of  the  channel, 
and  thence  turning  south  through  the  channel  de  llaro  (wrongly  written 


[OX. 


REPLY   OF    tup:    UNITED    STATES — APPENDIX. 


187 


m  whatever  of 
nd  they,  then-, 
'tioii. 


TK, 

bvr  20,  18o!». 

* 

(1  channel  and 
iiaiily,  aiul  in 
aiices,  t lie  way 

would  be  tlie 
the  Canal  dc 
d  the  shortest 
le  point  of  do- 
as  as  long  a^o 
surveys.    Tlio 

own  intrinsic 
of  which  tlic 

h  the  j)urp()sc 
ihannel  whicli 
leaving  some- 
allel  than  the 
ed  by  Captain 
mver's  Island. 
[  itself;  Mhilf 
Jinise  by  Lor'i 
portant  island 

favor  of  tk' 
nidence  con 
liription  given 
e  subject  witli 
1  already  been 
ianaldellaro. 
lie  proposition 
of  the  Senate 
perhaps,  tlian 
ilispiite.  His 
•as  before  tlie 
weight.  On 
jrds  which  1 
le  constitutes 
The  great 
*  ^Vlicu 

land  from  tlie 

the  channel, 
ongly  written 


Ano  in  the  maps)  to  the  Straits  of  Fuca."  Mr.  IJuchanan,  who  signed 
the  treaty,  was  eipially  explicit  in  his  understanding  of  this  part  of  it. 
On  the  28tli  December,  1840,  Mr.  Bancroft  having  written  to  him  on 
the  subject  from  London,  he  inclosed  to  him  a  traced  copy  of  Wilkes's 
Chart  of  the  Straits  of  Arro,  and  added  in  his  letter:  "It  is  not  prob 
able,  however,  that  any  claim  of  this  character  will  be  seriously  pre- 
ferred by  Her  Ijiitannic  Majesty's  government  to  any  island  lying  to  the 
eastward  of  the  Canal  de  Arro,  as  marked  in  Captain  Wilkes's  ma])  of 
the  Oregon  Territory."  ]Mr.  Bancroft,  who  was  a  member  of  President 
Polk's  Cabinet  when  the  treaty  was  concluded,  wrote  repeatedly  to  Lord 
Palnierston   after  receiving  this   chart,  and   lUiIformly  described  the 


Straits  of  Arro  "  as  the  channel  through  the  middle  of  w  hicli  the  bound- 
ary is  to  be  continued."  *  *  #  rJ^^^^^  Canal  de  Ilaro,  then. 
as  being  the  best  channel  leading  from  the  point  of  deflection  to  the 
Straits  of  Fuca  ;  as  answering  completely  the  purpose  for  which  the  de- 
flection was  made ;  as  being  the  only  channel  between  the  island 
illO]  and  the  main-land  *which  does  answer  this  purpose,  and  as  being 
supported,  also,  by  a  large  amount  of  personal  testimony  coii- 
teini>oraneou8  with  the  treaty,  must  fairly  be  regarded,  in  my  judgment, 
as  the  treaty  channel. 

Nor  are  there  any  important  dilliculties  which  seem  to  nie  to  be  neces- 
sarily in  conflict  with  this  conclusion.  Lord  John  llusseli,  indeed,  says 
that  it  is  beyond  dispute  that  the  intentions  of  the  British  government 
were  that  the  line  of  boundary  should  be  drawn  through  Vancouver's 
Channel.  But  this  assumption  is  wholly  inconsistent,  not  only  with  the 
treaty  itself,  but  with  the  statements  both  of  the  Earl  of  Aberdeen  and 
of  Sir  Richard  Pakenham.  Lord  Aberdeen  declares  that  it  was  the  in- 
tention of  the  treaty  to  adopt  the  mid-channel  of  the  styaits  at  the  time  of 
deniarkation,  without  reference  to  islands,  the  position  of  which,  and 
indeed  the  very  existence  of  which,  had  hardly  at  that  time  been  accu- 
rately ascertained;  "and  he  has  no  recollection  of  any  mention  having 
been  made  during  the  discussion  of  any  other  channel  than  those  described 
in  the  treaty  itself."  Sir  liichard  Pakenham  is  still  more  explicit. 
'•  Neither  the  Canal  de  Haro  nor  the  channel  of  A'ancouver,"  he  says, 
'•could,  as  1  conceive,  exactly  fulfill  the  conditions  of  the  treaty  which, 
according  to  their  literal  tenor,  would  require  the  line  to  be  traced  along 
the  middle  of  the  channel,  meaning,  1  i)resume,  the  whole  intervening 
space  which  separjites  the  continent  from  Vancouver's  Island."  He 
ailds  further,  that  he  has  no  recollection  whatever  that  any  other  channel 
was  designated  in  the  discussions  than  that  described  in  the  language 
of  the  treaty.  Surely  tliere  is  nothing  in  this  testimony  which  supports 
the  statement  of  Lord  John  Kussell  that  the  channel  of  Vancouver  was 
the  channel  intended  by  the  treaty;  but  on  the  contrary  another  and 
entirely  ditt'erent  channel  is  suggested  as  that  which  the  convention  re- 
qiiiies.  After  these  statements  of  Jiord  Aberdeen  and  Sir  llicliard 
I'akenham,  the  JJosario  Channel  can  no  longer,  it  seems  to  me,  be  placed 
ill  competition  with  the  Canal  de  Uaro.  Whether  the  latter  is  the  true 
channel  or  not,  in  the  opinion  of  the  British  negotiation,  it  is  <]uite  cer- 
tiin,  by  the  concurrent  testimony  of  both  the  American  and  British  iie- 
jiotiators,  that  the  former  channel  is  not.  In  respect,  moreover,  to  the 
Canal  de  Ilaro,  the  other  considerations  to  which  I  have  referred  appear 
to  me  to  quite  outweigh  the  mere  want  of  recollection  of  Lord  Aber- 
deen and  Sir  Itichard  Pakenham,  or  their  general  impression  at  this  time 

as  to  what  is  retpiired  by  the  literal  language  of  the  treaty. 
1117]       *There  is  one  allusion  in  Sir  Kichard  Pakenham's  memorandum 
to  whicli  1  think  it  right  to  call  your  sj)ecial  attention.     It  is  the 


r,f^s 


iinHMiH' 


188 


NORTHWEST    WATKU    lUJlXDAHV    AKIJITKATIOX. 


ret'orciHHi  which  he  makes  to  liis  tiiial  iiistiiietioiis  from  Lord  Aberdeen, 
(lilted  iMay  IS,  IHKJ,  and  describing  tlie  boiiii(hiry  line  whieli  he  was 
authorized  to  propose  to  ]Mr.  J»uehaiian.  These  iiistruetions  were 
shown  by  Lord  Napier  to  Mr.  Campbell,  and  aeeordinj;  to  his  cleai 
recollection,  the  description  quoted  by  Sir  Jiichard  rakenhain  Avas 
followed  in  dispatch  by  these  words :  "Thus  yivinji  to  Great  Uritain 
the  whole  of  \'an(!ouver's  Lsland  an»l  its  harbors.''  This  places  beyoiid 
controversy  the  object  whi<;h  was  intended  by  detleotinj*'  the  treaty 
boun<biry  south  of  the  parallel  of  MP,  and  ou<iht  to  have  };reat  weijilit, 
uudoubtedly,  in  determining;-  the  true  channel  from  the  point  of  detiec- 
tion  to  the  Straits  of  Fiu-a.     *     *     * 

LKWLS  CA8S. 
<iEOR(}K  .M.  Dallas,  Es«|. 


My 


No.  75. 

Lord  'John  liusficll  to  Lord  Li/ons. 

[  Extracts.] 

FouEKiN  Office,  />ea'»ji'e**  1(5,  18.">1». 

Lord  :  Li  i)ointinj;  out,  therefore,  to  your  JiOrdship  that  in  what- 
ever manner  the  (piestion  was  ultimately  settled.  Her  ]Majes- 
iM«,'r  iu'''rH.','j''\io''^  tv's  covernment  could  not  vield  the  island  of  San  Juan,  Iler 

nut     (liiilii     till"    Ml-     Vr      'it  i  *'i«i'."  1  1" 

,„iiP,iitnH«ri..i,sti>.  jNlajesty  s  government  were,  by  implication,  abaudonnij;' a 
huge  part  of  the  territory  they  had  claimed,  and  were  meielv 
insisting  on  the  retention  of  an  island,  which,  from  the  peculij'.rity  ot 
its  situation,  it  was  impossible  for  Her  ]\Lijesty's  government  to  cede 
without  compromising  interests  of  the  gravest  importance. 

*  *  *  The  fact  is,  that,  by  the  instructions  with  which  Captain 
Prevost  was  furnished,  he  was  authorized,  in  case  he  sUould  be  ot' 
opinion  that  the  claims  of  Her  IMaJesty's  government,  to  consider  the 
Jlosario  Strait  as  the  channel  of  the  treaty,  could  not  be  sustained,  to 
adopt  any  other  intermediate  channel  on  which  he  and  the  Unit'^l  States 

commissioner  might  agree. 
jll8|       *     *     *     *SirK.rakenham  seems  to  think  that  the  conditions  of 

the  treaty  would  obtain  their  most  exact  fnltillment  if  the  line 
were  carried  through  the  Douglas  Channel. 

*  *  *  Or,  again,  if  it  would  be  inconvenient  to  both  uations  to 
have  five  or  six  islands  partially  divided  between  them,  would  it  not  he 
fair  and  expedient  to  look  for  a  channel  which  shall  be  the  nearest 
approximation  to  that  line,  midway  between  the  continent  and  tlie 
island  of  Vancouver,  which  is  designated  by  the  treaty  ?  And  if  Doiij;- 
las's  Channel  fulfills  this  condition,  is  it  not  the  line  most  in  accordance 
with  the  treaty,  as  well  as  with  general  policy  and  convenience  .' 

*  *  *  If  I  noti(!e  (ieneral  Cass's  allusion  to  the  letters  wliicli 
he  says  Mr.  Bancroft  repeatedly  wrote  to  Lord  ralmerston 
in  isis,  it  is  only  for  the  purpose  of  i>lacing  on  record  what, 
no  doubt,  Mr.  Bancroft  <luly  reported  to  his  government  at 
the  time,  viz,  that  Lord  Palmerston  gave  Mr.  Bancroft  dis 
tinctly  to  underst.ind  that  the  British  goveri.ment  did  not 

accpiiesce  in  the  pretensions  of  the  United  States  that  the  boundary  line 
shouhl  be  run  down  the  Haro  Channel.     *     *     * 

J.  KUSSHLL. 
Lord  Lyons. 


I.01.I   .1.    RH.f.n 

.iOfs  iiiin'tiit'  ti>  t  hi- 
Ir)  ul'T;lf  inn  ^^i  hi;* 
'twtt  !iihnini'*trntinn 
II'  IM4M.  I.iinl  I'liliii- 
•Ttttini  jiiivf  the  Hf- 
i|i|.r-*v'-lli  fill  rJilcilrf. 


)r(l  Abi'idccii, 
whifh  he  was 
•iic'tidiis  wore 
;  to  Ills  ck'iii 
ikeiilmiii  Avns 
[Jrejit  Ihitaiii 
)li>ct's  bevniid 
liH  till'  treaty 
yrcat  weifilit. 
Diiit  of  (U'tlcc- 


REPLY    OF    THE    UNITED    STATES — AI'PIONDIX. 

No.  70. 


180 


Cmtkd  States  of  Amekica, 

Depart iiieut  of  State. 

To  all  to  whom  these  presents  nhnll  come,  Oreetimf: 

1  certity  that  tlie  paper  luMvto  aiinexetl  is  a  correct  copy  of  the  Stuto- 
iiiciit  furnished  by  tiie  A(;tiii^'  Siiperiiiteiideiit  of  the  (jeii.siis,  of  tlie 
let  urns  of  the  Ninth  Census,  from  the  "disputed"  Ishuuls  in  tiie  County 
ot  Wliateoni,  Territory  of  Washington.  In  testiaiony  wliereof,  1,  Harii- 
ilton  Fish,  Secretary  of  State  of  the  United  States,  liave  hereunto 
siibscrilu'd  my  name  and  caused  the  seal  of  the  Department  of  State  to 
he  allixe<l.  Done  at  the  City  of  Washington,  this  twenty-ninth  «b«y  of 
Maicli,  A.  I).  1.S7L*,  and  of  the  liidepemleuce  of  the  United  States  of 
America  the  ninetv-sixth. 

HAMILTON  FISH. 


■i    (' 


^^mi 


[1101  Abxtracl  of  ihv  irtiirnxat  the  Xiuth  Ceiinui,  from  the  "  dixpiited"  ixlandu    •iti"i»'i;"ini'"ii.,(  ii>e 

■        ,l'       /.  i  *•     ifl  'r»  'J  ^*    II'       I   •  H:irn  iirrllipi-lii^'l  llmrt* 


(■/(  the  Cuiiiiti/  of  H'hatcom,  Tvrntonj  of  IVasluiiyton. 


tiMii  t\vi)-ihirilH  Aiut^rh- 
ran. 


%\ 


er  \\\,  IS.VJ. 


hich  Captain 
sUould  be  of 
consider  the 
sustained,  to 
Unit'^l  Stati's 

I  conditions  of 
lit  if  the  line 


Xaiiirs  of  islands. 


r.lakelf.v 

iNciitiir 

llciiiy 

Li'|it'z 

ilrciis 

Sim  .Jiiim.  fxcliidiiiji'  i\w  Eii;;H.sli  and 
Anil i-icaii  jjarfisoiis. 

Slww'n 

■^li'Milaii 

Sti'MMTl's 

Wiililrmi 


I'* 


1.   >.  i 


v,-,i 


1 

4 
I 

ay 

(6)0)) 

(a)l 
I 

(a)  I 
i 


c3  5 

4,—    .^• 

1 

.) 

1 

;> 
31 

(«)1 


(n)l 
4 


c*-  - 


— -^  "r*  5 


I1W.3 
SI 


C.2 


18 

U 

35 


-  ?  -=  1  ^' 
S"  3  £  c 
>.  .  a     1 

si  c  s  .s  = 

«  -5  *-  .5  , 
a  =55- -f 


4 

l(i 
ill 


•o  a  ti  ■«  V 
3  at?  g  - 
a  -j;  :;  ^  =c 

3  r'-'  i  a 
^- ./  «  ^  ^,  i 


a 
1 


f 


Total. 


184 


CU 


jri 


47 


n 


Lh  nation.^  to 
ould  it  not  1m> 
the  iieaic-^t 
iient  and  tlio 
And  if  J)ou<i- 
u  acconbiiK'c 
deuce ! 
letters  whidi 
d  Palmerstoii 
record  what, 
overninent  at 
Bancroft  tlis 
iineiit  did  not 
boundary  line 

RUSSFLL. 


(a)  Iiuliiin, 


(h)  Inclll  '..;;;;  -J  Cliiiicsc 


;i2i)|   *CHARTS  AND  MAPS  TO  MEMORIAL  AND  REPLY. 


See  pa'/e  17.) 
■  j)age  1.5.) 


'^W' 

i 

) 
1 1 

i. 

'J 

'i 

1 

190 


NOKTHW'KST    WATKR    HolXDAIlY    AI{l5ITHATION. 


7/.  Lithograph  of  (I.  S.  ('oast  Survey  Map  of  Washiiifjton  Hound  ami 
Aj)pr(>ach»'s.     {See  cud  of  flit:  rohnnr.) 

J.    Iiitho;;raph  of  .Map  of  <h'  llaro.     I7!>(>.     {Sea  end  of  the  rohimc.) 
K.  liitliojiraph  of  Map  of  I'jiiza.     IT'.M.     {See  end  of  ihe  volume.) 
L.    Litiioj-raph  of  Spanish  (.'hart  published  in  ITD.l.     {See  end  of  Ih, 
mhnne.) 

M.  Cross  Sections  of  llaro  and  Hosario  Channels.     {See  page  l.'?0.) 
N.   Sketch  to  illustrate  the  route  of  the  vessels  of  tlie  Hudson's  liny 
Company.     {See  pof/e  ILNJ.) 

(>.  (Jopy  of  Map  //,  with  a  blue  line  drawn  southerly  from  the  centci 
of  the  (lulf  ot  (xeoryia  in  latitude  41)°;  with  red  lines  to  show  tlic 
channels  throu«»h  llaro  northward;  an<l  a  yellow  lino  to  show  the  so- 
called  Itosario  Channel.     {See  end  of  the  rolume.) 


Ifi  i. 


1 


ION. 

ijton  Sound  iimi 


from  tlie  ('«'iit('i 
i«>8  to  show  tlic 
to  show  the  so 


IV. 


xoirriiWEST  American  water  bouxdakv. 


i 


SECOND  AND  DEFINITIVI':  STATEMENT 


ON    IlKIIAI.r  OV  THE 


GOVERNMENT  OF  HER  BRITANNIC  MAJESTY, 


SlMlVriTED  TO 


IIIS   MAJESTY   THE   E.Ml'EHDR   OF    GERMANY, 


INDKU   Tll'F. 


TREATY  OF  WASHINGTON  OF  MAY  !!.   ISITi. 


C  0  iN  T  E  N  T  S  . 


Briii'^h    Aniprican 
e<liiimi       rtliiioii. 

Soml  and  Defmitivo  Statement  on  belialf  of  the  Govornnient  of  Ifcr   '"*'''"'    ^'"°''' 

ISritaimic  Majt'Hty .  i       jo- 

llistoiical  Note,  ( 1H18  to  1840) .'."'"..".".'.."."'.  1 .'!!!".'.'." ' i      017 

llironol()<,'ical  List  of  Secretaries  of  State,  &.c. ..".".. ."."!!."]." xxiii      hs 

M.inoraiulum  relative  to  Hutlsou's  Bay  Company xxvii      "41 

^l'l"'".i<lix ....'.'.'.    xxxiii      244 

No.  1.— Extract  showing  views  of  Earl  of  Ahenleen  and  Sir  Richard  I'akeiiham. 

No.  i.— Correspondence  between  Mr.  Bancroft  and  Mr.  Bnchanan. 

No, :{.— Letters  of  Mr.  Crampton,  s!iowin-j  Mr.  Buchanan's  opinions. 

No.  4.— Conversation  and  correspondonco  between  JMr.  Bancroft  and  Viscount 
lalmerston. 

No,  ■'">.— rioposed  Amendment  of  Article  II  of  Treaty.  • 

13  B 


'M 


NORTHWEST  AMERICAN  WATER  ROUNDARY. 


SECOXl)  AND  DIOFIXITIVH  STAT^:^r^:XT  ON  IJKirAI.K  OF  THE 
(lOVEllNMKNT  OF  I  [Kit  JJinTANNId  MAJESTY. 


1.  Tlie  GovorunuMit  of  Ilor  IJritannic  Majesty,  in  imrsuanre  of  Article 

XXKVl  of  the  Treaty  of  \Vashiiijiton  of  1871,  have  drawn  up  and  now 

!;iy  before  llis  ^Majesty  the  I'^niperor  o^"  (lerinany,  a;"  Arbitrator,  thistheir 

sci'oiidand  delinitive  Statement,  in  reply  to  the  .Memorial  or  (-ase  pre- 

•■iited  in  the  name  of  the  United  States  (lovernment  by  Mr.  IJancroft. 

1'.  The  matter  of  'Slv.  Baneroft's  ^Memorial  (as  far  as  it  is  of  an  ar^u- 
!iu'iita*^ive  eharaeter)  may,  for  the  purposes  of  the  examination  to  which 
Her  MiiJe.styVs  Government  propose  here  to  suoject  it,  be  ranged  in  the 
tollowing  divisions: 

I.  31  r.  Hancrof^  assumes  that  at  the  date  of  the  Treaty  of  IS  If.  the 
Uiiitod  Statf'b  bad  a  clear  tide  to  the  whole  Oregon  district,  up  to  the 
t'Di'tyninth  parallel  of  latitude  at  least ;  represents  the  arrangement 
embodied  in  the  Treaty  as  a  pure  couces.;iou  on  the  part  of  the  United 
States;  and  contends  that  the  concession  should  consequently  be  con- 
lined  within  the  narrowest  limits. 

II.  He  maintains  that  the  object  of  the  arrangement  embodied  in  the 
Treaty  was  to  secuif  to  Her  Majesty  the  whole  of  Vancouver's  Island, 
and  110  n)ore. 

ni.  He  adduces  wiiat  he  cotisiders  evidence  to  show  that  the  construc- 
tion now^  contende*!  for  by  the  United  States  was  the  admitted  construc- 
tion at  the  time  of  the  making  of  the  Treaty. 

IV.  He  represents  the  Treaty  as  specially  the  work  of  Her  IMajesty's 
Government,  and  seems  to  suggest  tliat  theyare  conseijuently  precluded 
t'roni  maintaining  any  construction  of  the  Treaty  not  admitted  by  the 
(itlier  side. 

y.  He  maintains  that  the  language  of  the  Treaty  a«lmits  no  interpre- 
tation but  the  American,  and  that  it  points  to  the  Canal  de  Haro,  and  to 

that  channel  alone. 
I-I  *l\.  An  examination  of  the  arguments  on  these  points,  to  be 

intelligible,  nuist  be  accomjianied  by  an  historical  exjhmation  of 
iliecircumstanees  attendant  on  the  Treaty.  For  that  i)urpe  .'  many  docu- 
ments must  be  set  out  at  length.  Jt  is,  therefore,  more  convenient  to 
present  the  exidanation  in  the  form  of  a  separate  ]>aper.  H  is  accord- 
inyiy  subjoined  to  this  Statement  as  an  Historical  N<)t«>;  and  Her  Maj- 
I'sty's  (lovtrnment  beg  that  the  Note,  with  the  other  papers  api)ended 
to  this  Statement,  may  be  taken  as  part  thereof. 

4.  The  Note  shows  the  relative  positions  of  the])rincipal  actors  in  the 
matter  of  the  Treaty ;  in  London,  the  Eail  of  Abenleeii,  Her  Majesty's 
IViiieipal  Secretary  of  State  for  Foreign  Affairs,  and  Mr.  MaeLane,  the 
Unitf'd  States  Minister  IMenipotentiaiy  :  at  Washington,  Mr.  Paken- 
Jiani,  Uer  Majesty's  Minister   l*ieni[»otentiary,  and  Mr.    liuchanan,  the 


196 


NORTHWEST    WATER    BOUNDARY   ARBITRATON. 


United  States  Secretary  of  State.'  It  is  designed  to  bring  out  the  facts 
which  will  be  seen  in  tlie  course  of  this  Statement  to  be  of  cardiiiiil  im- 
portance, namely,  that  the  Treaty  Avas  formally  negotiated  at  Wash. 
ington  between  Mr.  I'akenham  and  Mr.  Buchanan  ;  that  it  was  on  two 
distinct  occasions  discussed  cand  approved  by  the  Senate  of  tlu?  IJnitwl 
States,  in  their  capacity,  under  the  Constitution,  of  a  co-ordinate  branch 
of  the  treaty-making  power ;  that  the  project  or  draught  of  the  Treaty  was 
prepared  in  London  by  Lord  Aberdeen,  and  sent  to  Mr.  rakonliain,  as 
(unbodying  the  proposal  which  Mr.  Pakenham  was  instructed  to  make 
to  the  Government  of  the  United  States  ;  that  this  project  was,  as  re 
gards  the  words  now  in  discussion,  identical  with  the  Treaty  as  siynetl 
and  ratified ;  and  that,  .although  Mr.  MacLane  was  not  formally  em 
powered  to  conduct  negotiations  in  the  matter  on  behalf  of  his  (Jovorn 
ment,  yet  Lord  Aberdeen  discussed  with  him  the  nature  of  the  i)r(»|t(Ksal 
which  IIl'v  Majesty's  Government  contemplated  making  to  the  I'uited 
States,  and  even  showed  him  the  project  of  the  Treaty  before  it  was 
sent  to  Mr.  Pakenham.^ 

I. 

5.  Mv.  IJancroft's  assumption  that  the  United  States  were  clearly 
entitled  to  the  \v  hole  Oregon  district  up  to  the  forty-ninth  i)araIlolis 
not  warranted  by  the  facts  of  the  case.  Territorial  rights  in  the  wholr 
district  were  claimed  by  both  ])artie."  with  e<|ual  persistency,  and  their 
respective  contentions  were  supported  by  arguments  drawn  fiDiii  like 
sour(!es,  such  as  the  history  of  discovery  and  the  tt'rms  of  international 
engagements.  In  the  ollicial  documents  on  both  sides  the  alternative 
of  war  was  shadowed  forth.  In  the  end  there  was  a  compromise;  each 
l)arty  yielded  a  portion  of  what  it  had  contended  in  argument  was  lis 
right. 

0.  AViieii,  on  one  occasion  in  the  course  <»f  this  long  controversy  be 
tween  the  two  GovernmeMts,  .Mr.  Cass,  the  United  Stat<'S  Secrctiuy  ct 
State,  had  put  forward  an  assumption  lik<»  this  of  Mr.  Hancrolt,  boi ' 
John  Kussell,  tiuMi  ller  ^NFajesty's  rrinci[>al  Secretary  of  State  for  In 
eign  Affairs,  said  :  '• 


or 


lliuloiilitedly,  tli(i  titli"  by  \vlii(^li  (ircat  liiitaiii  lutw  liolds  Ilriiish  Coliiiuliiu  ami 
Viinccuvcr'Ml.slaiMl  is  the.  saiiK^  as  that  hy  which  tho  United  States  possess  ili. 
[:{|  <>rt'<i<)ii  .Statu  and  Wayhin;;ton  'Tciritory,  namely,  tho  Treaty  of  iMltl ;  Iml  wliin 
(ieiK'ral  (,'asH  asserts,  tiuit  urevionsly  to  that  Treaty  the  tith>  of  the  I'liiteil 
States  to  tho  whohi  ot  tin*  renitoiy  lietsveen  tho  jiaraliels  4'i  an<l  "il  40  liail  bfii 
clear  and  nnqMestioiiahle,  Her  .Majesty's  (Government  can  only  rejily  that,  in  lln'ii 
opinion,  it  was  tin;  title  of  (Iieat  liritain  to  that  teiritory  which  was  dear  ami  iiuii- 
l>ntabh'. 

It  is  plain  that  when  this  was  written,  Her  ^lajesty's  Goveriiineiit 
had  not  adopted  the  notion  that  in  IStO  the  concession  had  Ik'cii  all 
on  the  side  of  the  United  States;  nor  have  they  ever  changed  their 
position. 


'  Uorthn  convenience  of  the  Aihitiator,  there  are  appetnlod  to  theTTlstoriciil  Ni>te,(l 
a  Chroiu)lojfical  Uist,  .showing  tho  inmies  and  «lat<'H  of  ai)pointinent  of  the  vniimi" 
l'riii('i|ial  Secretaries  of  State  ibr  Foreij^n  Atlairs  in  (Irc^ut  Britain  iind  Jhitisli  Mini>- 
tern  at  Washin};ton,  ami  of  the  varions  I'residentH  ami  Secnitaries  of  State  of  the 
United  States  and  United  States  Ministers  at  Londim.  from  1H18  to  1S72  ;  iindC''' 
Mcnioraiidnni  relative  to  the  (nif^in  and  privileges  of  the  Hudstm'.'j  iJay  Company, ii  I'l 
poration  fre<]n)'ntly  m\m(>d  in  tluM  discussion. 

*  Historical  Note,  )».  xx. 

^Ijord.lohn  Kusstdl  to  Lord    Lyons,  December    Ki,  IK')J> ;  read,  and  copy   given,  iw 
United  States  Secretary  ot  State. 


SECOND  AND  DEFINITIVE  STATEMENT  OF  OlfEAT  BRITAIN.      197 


7.  ]\[r.  J>ancroft  fnrtlior  assumes  that  the  United  States  had,  before 
the  Treaty,  the  tbrty-ninth  parallel  as  aii  admitted  boundary  line  on  the 
I'outiMent.  Such  an  admission  liad  never  been  made  by  Her  Majesty's 
(lovcinment.  That  boundary  would  not  (it  is  plain)  have  been  con- 
reded  on  the  Continent  without  a  concurrent  arranijement  satisfactory 
toller  Majesty's  (rovernnuMit  resi)ectin,;4"  Vancouver's  Island  and  the 
iiavi<i'ation  of  the  adjacent  waters. 

8.  The  ])assa;;e  in  Mr.  Bancroft's  Memorial  ii»  which  his  assumptions 
uiidor  tiiis  head  are  most  stron<;ly  ])ut  is  the  follo\vin_ii',  (i)axe  .'>():) 

A'_'iiin,  "  \v1h'1'(>  a  riiflit  admits  of  (litiVrciit  dt'sifccs.  i{  is  only  tlic  siiKiUcst  dcj^roc 
«!mli  miiy  l>e  taken  tor  !;iantc(l,"  (1st  ciii  Jicclit  vcischicdciicr  Alistiit'iini^cii  lalii;!,  so 
ilirl'ziin.'iciist  niir  dii',  irciiii^stc  Stiit'ii  als  ziin'fstamlcii  anj^cnoiiiintMi  wiTilcii.")  This 
iiiiMif  ilclVtiT  tits  the  present  ease  so  aptly,  tliat  it  seems  maile  for  it.  Tlieic  bein^ 
,!,i;rc('s  in  the  departnre  from  tlio  ]>;irallel  of  I'.i  ,  it  must  he  tid;en  timt  only  the 
~;iialle.st  dei;ree  was  eoneedeil. 

The  rule  cited  from  Dr.  IlelT't(>r's  work  does  not  touch  the  present 
ca.v.  This  is  not  the  case  of  a  paity  makinj;-  a  (concession  in  deroji;ation 
iif  a  clear  ami  admitted  ri.nlit.  It  is  the  case  of  one  concession  set  ort' 
:i;;ai!ist  another;  of  a  <4ive-and-tai:<'  arian^i'ement.' 

I).  The  ];reamble  of  the  Treaty  is  e\j>rcss  on  this  p  (int.  The  two 
I'owers  (it  says:) 

Defining  it  desirahle  for  the  fiitiire  welt'iire  ol'liotli  eimntries  that  tin;  state  ofdonbt 
iiid  inieeilainty  wliieli  lias  hitherlo  pi'tHiiiled  resiiectiny;  the  soverei;fiity  ami  ^^overii- 
iniit  of  tlii^  territory  on  the  Xortliwest  coast  of  America,  lyiny;  westward  of  the.  R  )i;ky 
Hi  Stony  Monntains,  shonhl  he  linally  terminated  liy  an  ainieable  eompromise,  of  tho 
riLllits  nnitnidly  asseited  by  the  two  piiities  over  the  said  territory,  Iiave  respectively 
ii.diiiii  rieiiipotentiiiries  to  ti'is'it  and  a,u;ree  eonciMninif  the  terms  of  ^iicli  set  tiiMreiit. 

II. 

1(1.  ("loscly  connected  in  charaetm  with  the  ar;4niiu'nts  of  Mr.  IJan- 
'Tott  under  the  first  liead,  and  equally  incom-lusive,  iis  1 1 er  Majesty's 
•  lovcriiment  submit,  are  his  arjiiiments  umler  the  second. 

11.  Mr.  IJam-roft  allejues  in  elfect  that  the  inteiilion  of  tlir  0)u- 
tiai'tiii^'  Parties  was  only  to  avoid  cuttinj;  otf  the  vml  of  \'anronver's 
Island,  and  he  infers  that  tin;  line  is  to  be  strictly  so  diawii  as  to  clfcct 
tliis(d)jeet,  and  no  more,  ller  Majesty's  Government  di-  c  both  the 
alk'<;ation  and  the  inference. 

1-.  There  is  no  evidence  that  the  prevention  of  the  severance  of  Van 
(Oliver's  Island  was  the  sole  ol)j)M*t  of  the  iirran<;('inent.  Tin  re 
itj  is  nothinji;' to  support  the  alleviation,  *either  in  the  preamble  of 
the  Treaty,  or  in  the  Arti(cle  descrihini;-  the  boundary;  nor  can  it 
ln^siistiiined  on  tlie  ground  of  anythinj^containeil  in  any  of  tin;  contein- 
jwraneoiis  documents  exchanfi'eil  between  the  ('ontractiii;i"  Parties.  It 
is  tine  that  the  severance  of  Vancouver's  Island  by  a  boundary  line 
diiuvn  coiitinuoii.sly  on  the  forty-ninth  parallel  was  the  salient  objection 
'iiisi'd  on  the  i)iirt  of  II(U' Majesty's  (lovernment  to  the  Llnited  States 
jiropo.sal  for  continninjif  the  boundary  on  that  parallel  from  the  llocky 
Mountains  to  the  Pa(!itic.  That  proposal  disrej;arded  the  physical  con- 
ditions of  the  tract  tlirou;j;h  which  the  line  would  run.  It  is  true  iil.so 
thatadetlectionof  the  line  so  as  not  to  sever  Vancouver's  Island  was  inad(.' 
ill  elfect  a  condition  ,snj«  7M/?  «r)n  on  the  p  irt  of  Her  .Majesty.  It  may 
«]voii  he  iidinitted  that  tin?  prevention  of  this  severanc(;  was  the  motive 
lor  Article  I  of  the  Treaty.  The  nature  ot  tlui  nicjtive  is  not  neitessarily 
!i  iiu'iisnre  of  the  scope  of  the  stipulation. 

I'j.  It  is  plain  on  the  face  of  the  Article  that 


the  Con  tract!  n-^  Parties 


m 


and  copy    given,  l" 


•  Hiwtoii(!al  Note,  p.  viii. 


198 


NORTHWEST    WATER    BOUNDARY   ARBITRATION. 


s 


liad  further  and  other  aims.  If  the  solo  obJ(»ct  of  the  stipnliitiou  liad 
been  to  keep  Vancouver's  Island  one,  a  very  simple  provision  would 
have  sutliced.  It  would  have  been  enouf(h  to  say  the  whole  of  Van- 
couver's Island  shall  belong  to  Her  Britannic  Majesty.  The  Articlf 
in  clfect  says  this,  but  it  says  more  in  two  resi)ects.  First,  it  in  cttVcr 
vests  in  Her  Majesty,  as  against  the  United  States,  the  whole  territorial 
sovereignty  and  property  over  and  in  all  land  and  sea  adjaceni,  to  tlic 
island  on  its  eastern  and  southern  sides,  lying  within  the  uiid-ehaniul 
line,  (wherever  drawn,)  although  lying  beyond  the  ordinary  territorial 
three-mile  limit.  Secondly,  it  secures  to  Her  JNIajesty's  subjects  freedom 
of  navigation  tluoughout  the  whole  extent  of  the  boundary-channel  and 
of  the  Straits  of  Fuca.  These  two  provisions  in  combinatiou  elfect  what 
was  ])lainly  one  of  Lord  Abenleen's  main  objects  in  the  arrangenioiit, 
namely,  tlu;  preservation  to  Her  ."Majesty's  subjc  'ts  of  unquestionable 
and  abundant  facilities  of  access  to  the  British  coasts  and  harbors 
north  of  the  41Hh  parallel.  Had  the  boundary  line  been  continued  on 
the  41)th  ))arall(d  to  the  ocean,  the  navigatu<n  of  the  Gulf  of  (leorgia  from 
the  soutiiward  would  have  been  sealed  to  British  subjects. 

14.  The  Article  speaks  for  itself  The  ])reservation  of  the  unity  of 
Vancouver's  Ishind  was  of  the  essence  (»f  the  arrangement,  but  tlicrc 
Ivere  collateral  arrangements.  The  dilVcrence  no'v  r«*fi'rred  to  arbitration 
presui)i»oses  the  existence  of  such  arrangements;  the  controversy  '^;.i;, 
to  their  extent. 

15.  liord  Aberdeen's  instructions  to  Mr.  L'akenham  cannot  be  r(Md  x, 
as  to  cut  <lown  the  elfect  of  the  Treaty.     They  must  be  interpreted  so  as 
to  corresi)oiul  in  sco[)e  with  the  ])roject  of  the  Treaty  prepared  and  sent 
contemporaneously  by  Lord  Aberdeen.     The  words  quoted  by  31  r.  Ban 
croft  (page  1!>)  from  Lord  Aberdeen's  instructions  are: 

Lciviny  i\n\  wlioh  of  rdiiconrtr't  Inland,  icilh  its  jHtr'x  mid  iKtrhoi':,  in  tin  /(.(.vn'.'m'oh  uI 
Great  Brilain.' 

The  form  of  ex[)ression  re<]uires  little  explanation.  Lord  Aberdeen 
naturally  dwelt  on  the  nu)st  prominent  part  of  the  arrangement  wJiii-h 
Mr.  l'akenham  was  to  proiiose,  namely,  the  securing  the  possession  to 
this  country  of  the  wlude  of  Vancouver's  Island.  He  referred  only  t(i 
the  broad  geogiaphical  featui'es,  the  mention  of  which  was  suitposed  to 
be  sullicient  for  the  UiMlLor  under  discussioii.  There  is  nothing  in  liis 
words  to  excbuh^  any  additional  advantage  which  the  terms  of  tlic 
project  of  the  Treaty  would  give  to  this  country,  aiul  more  (it  is  jdain 

the  project  di<l  give. 
[T)]  *1({.  Mr.  Bancroft  ftuther  cites  (|)age  L'O)  a  i)assage  from  a  re 

port  of  a  sj>eech  of  Sir  liobert  i'eel  in  the  House  of  Comnutiis: 

'I'lioso  who  rctiu'iiihor  tlu^  local  conroriiiatioTi  of  tliiit  riniiitry  will  tiiKlorstand  llio 
tliat  wliifli  w(!  iirojioscd  is  tlit;  coiitiunatioii  of  (.lio  fort;,  iiiiitli  parallo!  of  latitiidi'  till 
it  HtriUt'H  thi^  StraitH  of  Kiica  ;  that  that  poralli'l  .shoiihl  not  lio,  coiitiiiiicd  as  a  hoiimlaiv 
acroMH  Vaiicoiivci's  ImUiikI,  thus  drpfivinj;  us  of  a  pai't  of  N'aiHHMivcr's  Islainl,  hnl  ili:ii 
tlie  iiiiddh'  of  tlu'  chaniirl  «liall  hr  the  fiiMii'c  tioiiiidary,  thus  Icdviixj  itn  in  /iD.v.sc.s^/ii/i  "J 
the  uholf  of  I'uncoiirrr's  Inland,  with  <'<|iial  right  to  tho  iiavij^atioii  oi"  the  Straits, 

It  can  sear(!ely  be  seriously  contended  that,  because  Sir  liobert  IVi'l' 
describing  in  a  {)opular  way  the  elfect  of  the  Treaty,  spoke  ol  it  as 
leaving  us   in    possession  of  tho  whole  of  Vancouver's   Island,  tlii^ 


'III  tliJH  jiaNsajr<'  tlic  HordK  in  italics  aro,  in  Mr.  Baiirroft's  Memorial,  priiittd  wit'i 
widiMH'd  spaccH  Ixtwci'ii  tlu'  IctttTs,  thn  mode  of  ]>riiitiiig  used  in  (it'iinaii  to  cliow 
(tiiiphaNis,  coiit'spondiii^  to  the  iiso  of  italics  in  tht^  printing  of  llngliMJi.  Tlic  iiki 
oliHcrvation  applies  to  otiujr  paHsagcs  cited  in  this  Statcinfiit  from  Mr.  Baucruli^ 
Mcinoiiul. 


SECOND  AXn  DEFINITIVE  STATEMENT  OF  GREAT  BRITAIN.      199 


(((    //((    [KIHSi'ryhDI  I'J 


iinioiuits  to  a  declaration  b^  Llm  that  tlie  effect  of  tlie  Treat.v  is  to  ex- 
clude us  from  any  possession  other  than  Vancouver's  Ishin(i,  although 
lyiiifc  within  the  future  boundary,  which  he  in  the  same  breath  specities 
accurately  as  the  middle  of  the  channel. 

17.  In  connection  with  the  reference  to  Sir  Ttobert  Peel's  sjieech,  ]\Ir. 
Biiucroft  (page  L'O)  says  : 

fiir  ,'iiiheit  Pocl  (iiiotcd  from  a  (lisimtcli  wliicli  pidvctl  that  lie  was  awaie  of  tlic  tliieo 
ihiys' tli'ijatt!  ill  tlio  Aiiu'iicaii  Soi\ato  on  tlio  Troaly  before  its  approval. 

Hero,  as  in  some  other  parts  of  ^fr.  Biincroft's  ^Memorial,  it  is  ditlicult 
toiVi&>'over  the  object  of  statements  made  by  him,  but  not  put  into  an 
ar^inm'iitative  form.  The  object  of  this  statement  would  seem,  from 
tlie  context,  to  be  to  suji<><'sf,  that  8ir  Robert  IVel  was  at  tiiis  time  cog- 
iiizant  of  the  particulars  of  a  speech  of  Mr.  llenton,  a  Senator  of  the 
riiitt'd  States,  made  in  the  Senate  (referred  to  Just  before  by  Mr.  JJan- 
oroft  and  to  be  particularly  considere«l  hereafter  in  this  Statement.)  If 
this  is  the  sujigestion  meant,  there  are  three  answers  to  it : 

(i.)  The  (lelil)eration  of  the  Senate,  reported  in  Mr.  Pakenham's  dis- 
piitdi.  read  in  pa  it  by  Sir  Kobert  Peel,  was  not  the  debate  in  which 
Mr.  IJetiton's  speech  was  made.  The  disi)atch  relates  to  the  delil)era- 
lioii  conse<pient  on  the  preliminary  Message  of  the  President,  asking 
tlie  julvice  of  the  Senate,  not  to  the  deliate  on  the  ratilication.  It  was 
till' latter  debate  in  the  course  of  which  .Mr.  IJenton's  speech  was  made. 

(li.)  Even  if  Mr.  Benton's  speech  had  been  spoken  before  Mr.  Paken 
ham's  dispatch,  and  the  fact  had  been   mentioned  therein,  there  would 
<till  he  no  for<.'e  in  ?.tr.  liancrotVs  suggesti(ui,  inasmuch  as  the  debates 
:ii  tiie   Senate  were   secret,   and   tlie   injunction  of  secrecy    was   not 
ivmo\*'d  until  after  tlie  date  of  the  exchange  of  ratilications  in  Lon- 

ditll.' 

(iii.^  The  dis[)atcli  of  Mr.  Pakenham  (of  which  the  pait  relating  to 
this  iiiiitter  is  printed  by  .Mr.  Pancroft  in  tlie  extisict  from  Sir  llobert 
I'l'd's  speech  in  Appendix  No.  4(}  to  the  Memoi'ia!)  gives  no  information 
MS  to  the  name  of  any  speaker,  or  the  i)i'rticulars  of  any  speech,  in  the 
Seuate.     It  simply  says:  ■ 

Al'l<  II  few  Iioiirs"  (lelil)eratioii  on  each  of  tlie  thret^  days,  Wednesday, Thursday,  and 
iiidiiy,  tliti  Senate,  liy  a  majority  of  'Af^  votes  to  I  i.  adopted  yesti-rd.iy  evening  a  reso- 
liilidii  advi.>in;r  td,.  President  to  aei'ept  the  terms  proposed   l>y    Her  Majesty's  tioveni- 

iiii'iit. 

•1)  *It  is  clear,  therefore,  that  Sir  Pobert  Peel  had  not  at  the  time 

of  speaking  (if  he  ever  Inul)  any  knowledge  of  wliat  was  said  by 
Mr.  r.ciiton  in  the  Senate.  If  this  is  not  the  point  of  .Mr.  P.ancroft's 
it'l't'K'uce  to  the  debate  in  the  Senate,  Her  Majesty's  (lovernment  do 
not  know  whv  t\\o  reference  is  made. 


r's   Island,  tlii^ 


III. 

IS.  TIk^  thirtl  division  of  Mr.  Pancroft's  argiiiiKMits  <!omprises  his  en- 
ili'iivors  to  shew  that  tiiere  is  evidence,  contemi)oraneous  witii  tin;  mak- 
iiiff  of  the  Treaty,  in  support  of  the  contention  of  the  United  States. 
Mr.  IJaiicroft  says  (page  18  :) 


'  lialilicatioiiH  cxchaiigod  .Inly  17.  Res  dutiou  of  Senate  reinoviiijj  injunction  of 
Mcrecy,  An;{Ust  (i.  Earliest  pnhheati  m  of  Mr.  Me.nto  I's  spi^ech  known  to  Her  .M.ijtHty'H 
tiovcnnnent,  .\nji;nst  '2d,  (iu  Niles'rt  Natiou.il  Kc^i.st  r,  a  weekly  ncwNpupur  puldishud 
at  Italliniore.) 

•  lliKlorieal  note,  p.  xi.x. 


w 


200 


NORTHWEST    WATER    IJOUNDARY    ARBITRATION. 


With  tills  knowlidjjo  ol'  Mr.  MacLiiiic's  iIiaiactiT,  and  of  the  contidonco  roposid  in 
liim  by  Lord  AbcrdiTii,  I  rciimst  tlio  Iinpurial  Arbitrator  to  take  in  hand  the  iiiaimf 
the  Ort'fjon  Territory  by  Wilkes,  wliieii  iiad  been  published  in  England  as  well  .,, 
in  Aineriea  in  1^4."!,  and  whieli  ;vas  the  latest,  most  anthtMitie,  and  best  map  ol' tlm 
territory,  as  well  as  the  only  <nie  recoj^iii/cd  by  the  Aiiieriean  Senate,  anil,  wiili  tlii, 
map  in  hand,  to  read  the  I'ollowiiij;-  extract  from  Mr.  JlaeLane's  ollieial  rejxirt  »{'  the 
interview,  maile  on  the  t-'lh  of  May,  f-ltl  : 

"I  have  now  to  state  that  instnietions  will  be  transmitted  to  Mr.  Pakenham  by  the 
steamer  of  to-mori'ow  to  sniimit  a  new  and  further  propo.sition  on  tins  jtartof  this  (;i,v. 
ernment,  for  a  partition  of  the  territory  in  dispnte. 

"The  proposition,  most  probably,  will  olVi-r  substantially  : 

"I'irst,  to  divide  tin;  territory  by  the  exten>ion  <d'  the  line  on  the  i»arallel  of  lurry 
nine  to  tlie  sea,  that  is  to  say,  to  the  arm  of  the  .sea  ealled  IJiieh's  ISay,  thenee  li,i  il„ 
Canal  tic  .In-o  and  .SIr(iU'<  of  I'liiii  III  lite  onan."         «         »         »  ^         »         »         . 

Here  follow  other  clanses,  eoneediny,  to  the  Hudson's  I5ay  Comjiany  a  temporary  iisiin' 
the  ()rej;()n  IJiver  for  na\  ij;iition,  with  other  advantajjt-s,  and  jtroteetion  to  liiit'^h 
H\ilijcets  who  would  snddiMily  come  under  the  jurisdiction  of  the  I'nitcd  States.  Tn 
these  clauses  the  pliiase  "most  probably"  applies,  for  they  were  not  precisely  mncci-. 
tain»Ml ;  but  not  to  t  Ik;  b(Mindar  ■  •  (Ui  t  hat  point,  the  furl  her  stattunent  of  Mr.  >IaiI,;inr 
in  the  same  disp.atcli  leaves  no  i:.-'  t  for  a  doubt.  Hi.,  words  are :  "  During  the  juccid- 
injf  Administration  of  our  (ioverii:. lent,  the  extension  of  the  line  on  the  forty-nimli 
])aralli>l  to  the  Straits  of  Fuca,  ax  ii'iir  iiropDsfil  hi/  Lurd  Ahcrdmi,  icix  aclKall:!  s:iiiiin,ti,l 
by  1)11/  immtiHatc  j>ntl<rixnor  ( Mr.  /-Vr/c/O  ;is  oiu;  he  thought  his  tJovernment  mii^litii(- 
eeiit!" 

N'ow  vh.'it  the  ju'oi'osal  of  Mr.  Everett  had  been  we  know  fr<un  the  citations  wliirii 
I  have  nuule  from  his  disi>atches;  and  1  have  actually  referred  to  the  fact  that  he  liml 
drawn  tin;  line;  of  demarkation  on  the  map.  and  sjieeially  directed  the  attention  of  l.oid 
Aberdeen  to  it. 

11).  Ill  this  i)assiioe  Mr.  IJancioft  puts  forward  prominently  Mr.  ^lai 
Lane's  letter,  but  he  nowhere  deilnees  distinetly  the  inference  he  wI.sIk.s 
the  Aibitrator  to  draw  from  it.  In  whatever  lifjht,  however,  the  letter 
is  reji'iirded,  it  will  appear  that,  when  all  the  circumstinees  are  eaiulidlv 
considered,  the  letter  tnrnishes  no  groiuid  for  any  inference  favoral)lu 
to  the  United  States  in  the  i)re.scnt  di.scussion. 

(i.)  Mr.  MacLane  does  not  profess  in  his  letter  to  rei>ort  the  words  ol 
the  contemplated  Treaty.  Jle  had  seen  the  words,  and  knew  that  tlit 
Canal  de  llaro  was  not  specified.  He  must  then  (it  woidd  seem)  liiivc 
considered  the  words  he  saw  as  amoimtinj"'  substantially  (accordiiij;  lu 
his  own  expression)  to  the  inoposai  of  a  line  by  the  Camd  de  llaro. 
He  applied  (whetlier  acciiiately  or  not  is  not  the  tpiestion)  his  jftei-)j;ra|ili 
ical  information  to  the  words  shown  to  him,  and  inferred  in  his  own 
mind  that  a  line  such  as  he  saw  tlescribe<l  would  run  throujjfh  the  Cu' 
n.d  de  Haro.  Under  this  impres.sion  he  wrote  to  his  (Jovernmeiit.  It 
this  is  tlu>,  true  explanation  of  the  facts,  (and  no  other  explanation  i.> 
appjirent,)  his  statement  is  of  no  weij^ht  on  the  question,  what  is  tlie 
channel  of  thtrfreaty.     That  (ptestion.  which  is  the  question  now  uiiikr 

arbitration,  remains  nnalfected  by  hi.s  letter. 
[7j  *(ii.)  One  circumstanc(;  in  Mr.  MacLane's  letter  tends  to  support 

this  explanation,  that  is,  his  mention  of  JJirch  Uay,  (incorrectly 
called  by  him  JSircIrs  15ay,)  which  he  treats  as  beino-  on  the  forty-niiilii 
parallel.  This  j;eo^raphical  error  (which  is  peculiar  in  this  controversy 
to  Mr.  .AlacLane)  has  been  accounted  for  thus  by  Mr.  Archibald  Camp- 
bell :' 

Mr.  MacI.aiH 
say,  tin-  arm 


me,  in  traciuj;  on  the  map  the  forty-ninth  parallel  "to  tlio  sea,  that  is  to 
of  the  ma  ealletl  Bireir.s  liay,"  evidently  supposed  that  the  space  betweeu 


'Mr.  Arddbahl  Cami)l»ell  wa.sCiMnnds8i()neron  belialf  of  the  Uidted  States,  when  Com- 
missioners were  appointed  (as  men  I  ioned  in  the  preamble  of  Artie  leXXX  IV  of  tiieTn  v 
of  Washington  of  ls^71)4)n  behalf  of  the  two  Governments  in  '"t.'>t!,  to  determino  tin' 
water  boumlary  umler  the  Treaty  of  ISKi.  The  doennnuit  of  Mr.  Campbell's  (luuti'ilor 
referied  lo  heni  and  elsmvlieie  in  this  ^^tatement,  is  a  report  maile  by  liiiii  to  Mr.  Cass 
the  tinted  States  Secretary  of  State,  itateil  'Mhh  January,  tH,")!*. 


^m 


ON. 

idonco  rt')>{)Sf(l  in 
lianil  the  iii;ii)nf 

Inland  as  well  ^s 
best  map  nf  tlip 

h!,  anil,  Willi  (hi, 

cial  ropdrl  of  the 

I'aktMlllllDl  liy  till' 

jiart  of  tliis  (luv- 


liaiallcl  (if  flirty 
iay,  tlu'iu'L-  ////  (/„ 

I  ti'iiipoiaiy  iiMoi 
I'ction  to  liritivli 
iiifi'd  Srati's.  Tn 
)t  iti'i'cisclv  a>(ir- 
t  of  Mr.  >iarl,;iii. 
iiiriiiji;  till'  i»n  rill- 
I  till!  forty-nimii 
aclKdIlil  .s.(//(;i>/i.i 
I'uineiit  iiii<;lir  ar 

10  cifatious  wliiii. 

0  fact  that  he  liml 

1  attention  of  l-onl 


CMitly  Mr.  Mar 
•eiice  he  \vislii> 
evoi',  the  li'tt*  1 
es  are  eumlidl) 
eiiec  fiivoialik' 

rt  the  words  ol 

knew  that  tin 

nld  seem)  hiivc 

(aceoiiliiij;  to 

anal  de  llaro. 

)  his  j>eo^'ra|ili 

fed  ill  his  own 

iroujjjh  tiie  Va- 

Dveniineiit.    It 

exphiiiatioii  i> 

II,  what  is  tlif 

ion  now  iimlii 

■lids  tosiippoii 
iiy,  (iiicorirrtly 
the  rorty-iiiiith 
lis  eoiitrov('i>y 
eh i bald  Camp- 


lie  sea,  that  is  to 
lu!  space  bctwi't'ii 


States,  wheiiCiMii- 
XlVof  tlicTii    V 

to  detenniiu'  tin' 
1]i1h',1I'h  (jiiotrdor 

him  to  Mr.  Cass 


SECOND  AND  DEFINITIVK  STATEMENT  OF  GREAT  lUUTAIN.      201 

tlM»  Continent  anil  Vancouver' ^s  Island  at  the  forty-ninth  parallel  was  desifjnatml  as 
liirrli  Hay.  And  from  the  consi)icnoiis  position  j^iven  to  the  name  of  IJireh  Hay  on 
Wilkes's  niap,  and  even  on  Vaneonver's  eliart,  siieli  an  error  mijfht  very  naturally 
oiciir.  In  reality,  however,  I5ireh  J5ay  is  only  tiie  small  indentation  on  the,  main-land 
111  the  extreme  rijjht  of  tin-  name,  and  is  ii  few  miles  south  of  the  forty-ninth  parallel. 
Till'  name  of  the  (liilf  of  (liori/in  is  intended  hy  Wilkes  to  extend  from  the  parallel  tif 
■,1)  as  far  south  as  tin  noithern  extremity  of  the  Canal  de  llaio.  iiieliidinj;  the  sp;u;e 
qippo.sed  by  Mr.  Mael-ane  'o  be  IVireh  15ay. 

This  explanation  i:.  siiiii»le  and  reasonable,  and  it  stronjjly  eontirins 
llio  sajijiestion  of  Her  Majesty's  (ioverniiient  that  -Mr.  Maidiaiie  was 
merely  interpret iiip',  aeeordin^"  to  his  own  li;;hts,  the  words  of  the  pro- 
iect  whieh  Lord  Alierdeen  had  sliowii  iiiin,  and  w;is  not  reportiiijif  to 
his  (loverninent  Lord  Aberdeen's  interpretation,  or  an  ii,<,'reed  iiiterpre- 
tatiuii.  There  is  no  sii^<;'estion,  and  no  ground  for  a  snj>«>('stion,  tiiiit 
1,01(1  Aberdeen  «'ver  spoive  of  I>ireh  P.ay.  ll\  th<'ii,  it  is  jn'obalvle 
[hat  Mr.  MaeLane  did  not  derive  from  Lord  Aberdeen  his  inentioii  of 
P.irrli  l»ay,  in, just  tiie  same  d«'yree  is  it  jnobabh'  tiiat  he  did  not  deiive 
tioiii  Lortl  Aberdeen  his  mention  of  the  Canal  de  Haro.' 

(iii.)  The  n.se  by  Mr.  Miudiane  of  Wilkes's  iimp  (which  is  thus  made 
iihiiost  eertiiin)  j'oiis  tar  to  a<'eoniit  for  his  mcntit.n  of  tiie  Cainil  «le 
llaio,  (or  Arro,  as  it  is  written  on  Wilke.s's  map,  and  by  Mr.  3[a(;Laiie,) 
tor  that  passaj;e  is  .so  consinciiously  marked  on  Wilkes's  map  as  to  .seem 
lo  be  the  only  direct  i'haiiiiel  iietweeii  the  Continent  and  Vancouver's 
I.>;laiid  leadinj;'  into  the  Straits  of  Fiiea.  15iit,  however  it  is  to  be 
aironntetl  for,  there  is  no  j4roiind  whatever  Ibr  the  sii;i'^estion  tluit  iNIr. 
MaeLaiie's  mention  of  the  Canal  de  llaro  was  authorized  ijy  anyiliin<>' 
said  to  him  by  Lord  Aberdeen. 

(iv.)  In  lS,"jJ)  Lord  Aberdeen,  on  bein^-  reCerreil  to  by  Tiord  John  IJiis- 
<ell.  tlieii  Ih'r  Majesty's  Trincipal  Secretary  of  State  for  I''orei^Mi  AUairs, 
iiifoniied  Lord  John  Kiissell  that  he  (Lord  Abeideen)  distinctly  remem- 
bered the  }>eneral  tenor  of  his  <'onversatioiis  with  3Ir.  3IacLane  on  tiie 
subject  of  the  Oreoon  boundary,  and  he  had  no  recollection  of  any  nien- 
tioii  haviiiff  been  ni.ide  diirinj;'  the  discission  of  the  Caiuil  de  llaro,  or, 
indeed,  any  other  channel  than  those  dcscaibed  in  the  Treaty  itself.- 

(v.)  Mr.  MaeLane  wjis  not  nej^'otiatino-  witli  Lord  Abcnleen.     His 
connection  with  tin;  (piestion  was  (as  he  himself  says)  "in  a  yreat  de^^jree 
informal." '     The  nej>otiations  were  beinj;  carried  on  at  Wasliin^xtoii  by 
Mr.   I'akenliam  (iictiii;;'  imine«liiitely  under  Lord  Aberdeen's  instruc- 
tions) on  the  one  hand,  and  Mr.  liuehanaii  on  the  other  hand.^ 
"^1       *Lord  Aberdeen  was  at  liberty  to  inform  Mr.  3IacLane  of  his 
views  and  intentions:  lie  wiis  at  liberty  to  ref; ai).  Iroiii  «loiii<f  so. 
.Viiythiiig  that  passed  between  Lord  Aberdeen  and  Mr.  MaeLane  was 
not  iie/iotiation  in  a  proper  sense,  and  no  bindinfjf  compact  ctm  be  ex- 
tracted from  it,  taken  alone. 

(vi.)  j\Ir.  [MaeLane  i>erfectly  understood  this  position.  Lord  Aberdeen's 
project  of  Treaty  was  so  far  from  bein^'  the  result  of  a  bar<>-aiu  made 
between  him  jiud  Mr.  MaeLane,  that  Mr.  MaeLane  in  reportinj,?  it  to  his 

'  There  is  nothin;j;  in  the  explanation  here  ijiven  of  Mr.  MacLane's  words  inconsistent 
with  the  character  of  him  drawn  by  Mr.  bancroft,  (i)ay;e  18:)  "Mr.  MacEaiio  was  a 
liilip  •iiiil  experienced  statesman,  trained  in  business,  exact  in  liis  use  of  words,  careful 
I'speeially  in  reporting  what  was  sain  by  others." 

-Lord  .lohii  liusseli  to  J.oril  J.,yons.  'J4th  An;:nst  :  1S.'>1»,  read,  iind  copy  jfivon,  to 
iiifi'il  Slates  Si'cretary  of  Stati;.     Extrac't,  Appundi.x  No.  1. 

'Appendix  No.  IVi  to  Mr.  Bancroft 's  Memorial. 

*Mr.  Bancroft  correctly  says  (])aj;e  14)  with  reference  to  the  time  jnst  before  the 
Ireatv  :  "  Meantime  the  nejjotiation  on  the  Orejjon  finestion  had  biM'ii  transferred  to  the 
new  British  Minister  at  VVashiiif^toii."  And  ajjain,  (pajje  Iti.)  "Lord  Aberdeen  c.oii- 
ii'Seied  that  it  now  tell  to  him  to  propo.sc  a  peaceful  .solution  of  the  lonjj;  eontrovor.sy." 


w 


^Wi 


202 


NOKTIIWHST    WATER    BOUNDARY   ARHITRATION. 


-a- 


(lovcrmnciit  disapproved  of  it,  and  (it  would  appear)  tried  to  iiidiiLo 
his  (Jovermnent  to  reject  it.'     Jfe  says,  (amoiij;  otiier  thinj^s  :)- 

II  \H  sniicfly  iicccssiiry  i'ov  inc  toHtato  that  the  i)i'(ii>(isif ion  as  now  suliniitti'(l  Im^  ii,,t 
received  my  eonnteiiaiice.  Altliiiiiij;li  it  lias  been  no  easy  fa>l<,  under  ail  the  eiiinm. 
Ktances,  to  lead  to  a  ri'-oiteninj^ot'  tlie  negotiations  liy  any  in'opositioii  from  this  (invcin- 
Hient,  and  to  induce  it  to  ado)  it  the  para  1  lid  ot  41>  as  I  lie  hasisofa  boundary,  nevertlnjcsv 
I  hoped  it  Wduhl  have  been  in  my  ]io\ver  to  j;ive  tin;  ]ireseiit  i»ro)iosit ion  a  less  objccij,,!!. 
ablt!  shape,  and  I  most  di-eply  hunent  my  inability  to  accomplish  it.  I  Imve,  theiduiv, 
I'tdt  it  my  duty  to  discourage  any  expectation  that  it  would  be  acee[(ted  by  tiie  I'lcsi- 
dcnt ;  or,  if  submitted  to  tliat  body,  approved  by  thi;  Senate. 

(vii.)  If]\rr.  MacFiane  had  been  in  a  position  to  enter  into  a  contiact 
with  Lord  Aberdeen  it  is  jdain  he  inner  wonhl  have  nsed  the  (pialihca- 
tion  "most  probably."  .^lr.  IJancroft,  seeinj^  the  foree  of  this  consider- 
ation,  endeavors  to  <;et  over  the  dinienlty  by  alleging?  that  the  |tliiase 
"most  i)robably"  applies, not  to  the  boundary,  but  to  the  other  i»arts((t 
Lord  Aberdeen's  projjosal ;  for,  he  say.s,  those  other  ])arts  "  were  not 
precisely  ascertained."  Mr.  MacLane's  letter  (as  far  as  it  relates  to  tli<' 
Oregon  question)  is  jninted  in  the  Jlistorical  Note,  and  is  open  to  tlie 
judgiuent  of  tin;  Aibitrator.  It  apjtears  to  Her  Majesty's  (iovernineur 
to  afford  no  grotmd  to  Justify  this  limited  application  of  the  plira.se  "  most 
])robably,*'  This  phrase  is  in  imme<liate  connection,  gramnjatieally,aiHl 
in  the  arrangement  of  the  matter,  with  the  i)assage  relating  to  the  bound 
ary.  The  three  subject.s,  (1,)  botnidary  ;  (L',)  posses.sory  rights  of  Jb  itish 
subjects;  (.'{,)  imvigation  of  tlui  Columbia,  are  discn.ssed  throughout  the 
letter  on  the  same  footing.  The  proposal  oti  any  one  subject  is  treated 
in  the  letter  as  being  «pute  as  much  .settled  and  delinitive  as  the  proposal 
on  any  other.  Moreover,  in  point  of  lact,  the  exact  propo.sal  was  as  mucli 
ascertained  on  any  one  point  as  on  any  other,  and  this  must  have  b<'eii  .so 
in  Mr.  JNIacLane's  api)rehension,  as  Lord  Aberdeen  had  shown  him  the 
project  of  the  Treaty. 

(viii.)  The  boundary,  however,  it  is  argued  by  Mr.  liancroft,  was  ])ic 
cisely  ascertained,  because  Mr.  3IacLiine  states  tliat  the  line  as  proposed 
by  Lord  Aberdeen  had  been  suggested  by  Mr.  Everett,  and  what  tlie 
])roposal  of  .Ml'.  I^v<'rettwas  (he  says)  is  known  from  the  citations  in  the 
Memorial  from  his  (.Mr.  Everett's)  dispatches.  The  i)assage  in  }h\ 
liancroft's  ^lemorial,  relating  to  Mr.  Everett's  suggestion,  is  as  follows, 
(page  11:) 

On  tlio  '2i»th  of  November,  184:5,  soon  after  Mr.  Everett's  full  power.s  had  arrived,  lie 
and  Ijord  Aberdeen  had  .a  very  lonfjand  im)ioi'taut  ciuiveisation  on  the  Oreyon  (|nesti:in; 
and  the  concessions  of  Lord  Aberdeen  appeannji  to  invite  an  expression  of  thecx- 
trciiieHt  iiioditicatiou  which  the  ruitt'd  States  eoidd  admit  to  their  former  i)ropos;il, 
Mr.  Everett  reports  tliat  he  said  :  "  I  thouifht  the  President  miyht  be  induced  so  far  U> 
depart  from  the  fiuty-ninth  ]»arallel  as  to  leave  thc^  whole  of  (j»nadra  and  Vaueouvtr's 
Island  to  Enjf'iand.  whereas  that  line  of  latitude  would  j;ive  n.s  the  southern  <'Xtreiiiit,v 
of  that  islaiKl,  and  eonse(|iieutiy  the  connnand  of  the  Straits  of  Euca  on  both  sides.  I 
tlion  pointed  out  on  a  map  thv  cxlcnlof  tliix  ((nucxnion  ;  and  Lord  Abeulet^n  said  he  wmilil 
taU<s  it  into  eonsideration." 

The  next  day  Mr.  Everett  more  tbrmally  referred  to  the  subject  in  a  iiot<?  to  tin 
IJritish  Secretary : 

f'.t]  "  •'1(1  (iiiosvi'.Nou  I'tuK,  Xoirmhir  ;{(»,  L-t:!. 

"^Iv  Dkah  EoKi)  Ai!KHI)i;i:n:  *  "  "  It  appears  from  Mr.  (Jallatin's  (din- 
spoiulenee  that  *  •  '  Mr.  Unskisson  had  especially  objeete<l  to  the,  exteiisidii  t>{ 
the  forty-ninth  de^'ree  to  the  I'acitic.  on  the  f;round  that  it  woidd  cut  off  the  .soiitliiiii 
extremity  of  (Quadra  and  Vancouver's  Island.  My  sufifjestion  yesterday  would  obviate 
this  objection.  *  *  *  J  tjluncc  al  tin  map  kIiowh  its  ('mpoj'/aHce  us  u  modilicatioii  nl 
the  forty-ninth  degree.     *     "     * 

"EDWARD  EVEKErr." 


'The  char.icter  of  the  letter  in  this  respect  is  hronght  out  by  Mr.  I'akeiihaiu's  coui- 
iiicnts  ill  his  dispatch  of  the  yyth  July,  1^41),  Historical  Note,  p.'xx. 
'liistorical  Note,  p.  xiv. 


SECOxM)  AND  DKFIXITIVE  STATEMENT  OF  GKEAT  BRITAIN.      203 


t    in  a  note  to  tln' 


v'l)  EVEKEIT." 


I'liUeuhamV  coin- 


Oii  tliL!2d  of  February,  and  on  tlio  1st  of  Ainil,  IHll,  Mr.  Kvrit'tt  reports  that  lu^ 
iniitiiiiioiisly  itisiHtctl  witli  Lord  Alii-nltMMi  tliat  the  only  iiKKlilicatioii  wliieh  the  I'nited 
States  coiild,  III  his  <i|iiiiion,  l)e  hnui^jht  to  ajfret^  to,  was  that  they  shoiihl  waive  tlieir 
ilaim  to  the  southern  exlicmity  of  Vaiieoiivei's  Ishiiid,  and  that  Loid  Ahenh-en  nni- 
Idiiiily  answered,  '•  lie  did  in)t  tliink  tliere  wonhl  he  nineh  dillienlty  in  settling  tlio 
iliM'slion." 

Dining  the  foUowinfj; months  Mr.  Everett  ami  Lord  AlMnhcn,  both  wisliiiiff  sincerely 
If)  settle  till-  eon t rove rsy,  had  fn rtlier  frei|iieiit  eon  vt^rsat  ions,  and,  as  the  resnlt  <d"  tiieni 
nil,  .Mr.  ICveiett  reported  tliat  l',n;;land  wonhl  not  accept  the  naked  paralhd  of  lit  to 
llif  oceiin,  hnt  wonld  consent  to  tlie  line  of  the  forty-ninth  de<j;rce,  provided  it  conld  he  ho 
iiiddilicd  as  to  leavt^  to  (Jrcat  Mritain  the  sonthern  extrendty  of  Vanconver  Island.  "I 
liiivc  snared  no  pains,"  wrote  Mr.  Everett  on  the  'J-'th  oi'  Fehrnary,  iHj.'i.  "to  impress 
ii|p(iii  Lord  Alierdeen's  iiiiinl  the  persnasion  that  the  ntniost  which  the  I'nited  States 
laiicoiiccde  is  tln^  forty-ninth  jiaralhd  with  the  niodilication  sni;>icsted,  takinj;  always 
rare  to  .'nhl  that  I  had  no  anllmrity  for  saying  that  even  that  inodilication  wonld  be 
a^ri'id  to." 

To  one  fact  I  particniaily  invoke  the  attention  <d'  the  Imperial  .\rliilrator :  not  the 
hast  room  for  (hmld  was  Iclt  by  .Mr.  Everett  with  rej^ard  to  tiie  extent  of  the  modillca- 
tii)ii  proposed.  //(■  /((((/  jiiiiiilfd  il  out  tit  Lord  Alwrdwii  on  llir  miiji.  and  had  so  ot'teii  and 
.ocan  tally  directed  his  attention  to  it,  that  there  could  be  no  misa))prehension  on  the 
liiriil  111  the  propo.sed  ctmccssion. 

It  is  (liCliciill  to  S(H>  tlio  force  of  tlii.s  icAtoikm'  from  tlio  letter  of  Mr. 
Macl.iiiie  to  the  \vritiii;;s  iiiid  acts  of  .Mr.  lOverett.  !t  seems  to  Jler 
Miije.st.V'.s  (loveriimeiit  to  be  a  i)rocess  of  ascertaiiiiiif^a  tliiiij;  uiicertaiD 
ill  itself  by  means  of  sometiiiii^'  still  more  uncertain.  It  does  not  ap- 
pciir  that  Mr.  lOverett  pointed  out  on  a  mtip,  or  referred  in  any  manner 
to,  the  (Jaiiiil  de  Ilaro;  yet  this  is  the  whole  question.  The  fair  infer- 
ence from  ]Mi'.  Everett's  statements  is  that  he  did  not  sjieak  of  the  water 
liduiKliiry  at  all,  hut  only  i;oiiit(  d  out  on  a  map  how  much  of  Vancouver's 
Isliuid  would  becutotlby  the  forty-ninth  parallel.  JNIr.  Bancroft  apjtearsto 
oveititrain  JNIr.  Everett's  words.  IMr.  Everett  says  he  "  pointed  out  on 
aniiip  the  e.\tent  of  the  concession,"  as  regards  the  southern  extremity 
of  Viincouver's  Island;  Mr.  Bancroft  says  (pa«e  10)  Mr.  I'herett  "had 
(Innvii  the  line  of  demarkation  upon  the  map,''  which  seems  to  be  a  very 
ditfcrent  thin^'.  If  this  had  been  stilted  by  IVIr,  Eveielt.aiid  if  it  also 
iippeared  that  the  line  of  demarkation  drawn  by  him  on  the  map  pttssed 
down  the  Canal  de  Ilaro,  then  Mr.  Bancrolt's  inference  that  Lord  Aber- 
ilciii  was  i)roposino'  a  line  throujih  the  Canal  de  Ilaro,  from  the  fact 
that  .Mr.  MacLane  says  thiit  the  line  pioposed  by  Lord  Aberdeen  had 
been  suggested  by  ^Ir.  Everett,  wo  u!d  not  le  so  lemote  orso  weak  as 
it  i.>j. 

(i.x.)  The  statements  of  ]Mr.  ]\IacLane  to  his  own  (lovernment  can  in 
no  way  bind  Her  ftlajesty's  Government.  JNIr.  MacLane  does  not  say 
tliat  lie  did,  and  there  is  no  evulence  that  he  did,  ever  specify  any  chan- 
nel in  his  conversations  with  Lord  Aberdeen.  There  is  no  evidence 
tliat  he  ever  told  Lord  Aberdeen  what  he  was  going  to  report  to  his 
(ioveniment.  The  presumption  to  be  drawn  from  Lord  Aberdeen's 
(lispiitch  of  L*!)th  June,  184(5,  to  3Ir.  rakenham,  is  to  the  contrary.' 
Mr.  iMacLane's  letter  was  not  publishe*!,  even  in  the  United  States,  until 
alter  the  exchiinge  of  ratilicatious  in  London.'  It  could  not,  therefore,^ 
liave  reached  Lord  Aberdeen's  knowledge  before  the  transacLion  was 
dosed. 

[\.)  Nor  is  there  anything;  to  affect  Jler  ^lajesty's  Clovernment  through 
Mr.  Pakenham.     There  is  no  suggestion  that  ^Ir.  Iiuchauan  com- 
[b'J      niunicated  to  Mr.  Takenham  *Mr.  MacLane's   letter.     On   the 
contrary,  it  is  evident  from  Mr.  Pakeidiam's  dispatch  of  the  LM)th 
July,  I84(>,that  the  letter  was  uidiuown  to  him  till  its  unauthorized  publi- 
cation, as  mentioned  in  that  dispatch.'     ^'or  did  Mr.  lUichanan  in  any 

>  HiHturiuul  Note,  p.  xx. 


■■■TtirT"'"T|P 


204 


NORTHWEST    WATER   BOUNDARY   ARHITRATION. 


niannor  iiilorm  ^rr.  l'iikoii]»;iin  of  ^rr.  IMjicLanc's  view,  lii  a  .Memo. 
raiMliiin,'  writti'ii  in  18.')S,  Sir  Iticthanl  (toniuM-ly  iMr.)  raUciiliaia  stuto 
that  Mr.  r»ii(!lianaii  (»n  theoccasioii  of  tiic  Treaty ''iiiailc  no  nu'iition 
wlniti'vcr  of  llic!  Canal  do  Ilaro  as  that  tliroujih  which  llic  lincol 
boundary  .should  lun  as  understood  by  the  United  States  (iovernniciit." 
Jf,  iixh'ed,  Mr.  Jinehanan  had  don«^  so,  that  inei'e  tiu^t  wouid  l)e  of  no 
importance  as  ayainst  Iler  .ALiJesty's  (lovernnient.  Mr.  I'akenliain  was 
actinj;  uiuler  strict  instriu'tions.  If  .Mr.  ISuchanan  had  indicated  the 
Canal  de  Ilaro  as  the  i)oundaiy  t.-nannel,  .Mr.  I*akenl:-ani  could  only  have 
unswei'i'd  as  ho  did  on  the  (|uestioM  of  the  etfect  (»f  Article  II,  nanit'ly, 
the  Article  speaks  lor  it.self.-  Jle  had  no  i>o\ver  to  modify  the  i)roj('(t 
of  Treaty  in  substance,  ami  m>  power  to  bind  his  (lovernment  by  assent- 
inj;  to  or  acipiicscinj;'  in  an  interpretation  which  would  ha\('  been  cfpiivii 
lent  to  a  .serious  nnxlilicalion. 

-0.  It  appears  to  Her  .Maiesty's  (lovernment  that  this  examination nt 
Mr.  MacLane's  lettei' Justilies  them  in  submittin^i'  to  the  Arliitrator  tiiat 
the.  letter  allbrds  no  support  to  the  contention  of  the  United  States. 

21.  In  additi<m  to  .Mr.  MacLane's  letter,  Mr.  Daiu'roft  refeis  to  tlic 
.sjieech  of  .Mr.  JJenton  in  the  Semite  befoi'e,  nu'iitioiu'd.  The  passage  in 
]Mr.  I>ancroft's  Menu)rial  is  as  follows,  (paj'e  ID:) 

A  8iisi>i('i(in  of  iinil)ifj;iiity  coiilil  not  hiik  in  the  mind  of  any  oni'.     Mr.  Hi'iifon  louiid 

thu  lini<;nji^<>  .so  clciii' tiiat  lie  ailKptfil  it  as  liisown.     In  his  .Sjm li  in  tiic.  .SiMiatc  on 

the  (l;ty  of  tiic,  latiliration  nl'  liit-  'I'li-aty,  lit-  .said  : 

''  'J'lii!  first  Artii'lf  of  the  I'lraty  is  in  llir  nri/  icordx  wliicli  I  myself  wonld  liavc  iiscil  it 
till*  two  (iovfrnnii'nis  Iiad   li-ft   it  to  nn.'  to  draw  tiic   Itoiindary  line   between  tlu'iu 

'Tlie  lino  cstalilislicd  liy  tlie  lirst  .\rtiile  follows  tlio  paralhd  of  4'.)^  to  tho  soa,  with 


a  Mli^rlit  deflection  tliroiiuli  tin 


I'fc'.s  IhIiiihI 


(its  of  I'nca  III  iiniid  riiHiiiii  <>{}'  Ihr  xoiitli  viid  of  r<iiii' 


When  the  line  reaches  the  channel  which  se|>aiates  N'ancoii 


Island  from  the  Continent,  it  proceeds  to  tln^  middle  of  the  channel,  and  thence  tinii- 
infj;  sonth  thrmuih  Ihi  (  lunuii  I  tlf  Unni  (  wronjjly  written  .\rro  on  the  maps)  to  the  Strait^ 
of  Kuca,  ami  then  west  thron;;h  the  middle  of  that  Str.iit  to  the  sea.  This  ;;ivcs  ii> 
*     *     *     '     Ww  chi^ltr  of  i-ildiiilx  \>ftwi'i-\i  (Ir  Haro'fi  I  iitiniicl  and  Ihr  (.'i>iiliii('iil." 

22.  Her  .Majesty's  (Jovernment  submit  that  the  .speech  of  Mr.  lleiitoii 
is  even  of  less  valiu»,  as  evidence,  in  support  of  the  contention  of  tlif 
United  States,  than  is  Mr.  MacLane's  letter. 

(i.)  It  .seems  )>rol)ibh!  that  Mr.  IJenton  founded  his  exposition  of  tlic 
draii}>ht  Treaty  on  .Mr.  .AlacLane's  letter,'  extracts  from  which  had  been 
communicated  by  the  Tresident  ul'  the  United  States  to  the.  Senate, 
If  so,  Mr.  Uenton's  interpretation  is  »)idy  a  rellection  of  Mr.  iNIacLanc's, 

(ii.)  Mr.  JJenton  may  iiuh'ed  have  formed  his  t)pinion  not  <lirectly  on 
3lr.  MacLane's  letter,  hut  on  the  .same  .sort  of  yronnd  on  whi(di  it  wonlii 
appear  Mr.  MacLane's  statement  was  made,  namely,  a  knowled^ic 
(whether  com|>lete  or  accurate,  or  not)  of  the  local  coutlitions.'  In  that 
case  his  statenuMit  would  amount  to  no  more  than  a  declaratioii 
|11J  of  *his  opinion  that,  on  the  true  construction  of  the  words  of  the 
Treaty,  the  line  descril)e»l  would  run  down  the  Canal  de  Ilaio. 
But  Mr.  Benton's  opinion  on  this  ipiestion  of  construction  is  notallcneil 
to  be  of  any  special  value,  and  its  authority  in  the  present  discussion  is 


!1 


'Inclosed  in  Lord  .T<dni  Rnssell's  tlisj>att'h  to  Lord  Lyons,  21fch  August,  1851);  leiitl, 
and  copy  {livt'n,  to  Uidted  States  Secretary  of  .State.     Appimdix  No.  1. 

■*  Historical  Note,  p.  x.\. 

'This  vva.s  Sir  Richard  I'akcnhain's  view,  as  expressed  in  his  Meiuorandinn,  Api"'"- 
dix  No.  1. 

^Mr.  Cassdcsi'iihe.s  Mr.  Itcnton  as  l)ciii;^  "  bi'tteraciiuaintod,  ])erhaps,  than  iiuy  other 
mend)e.r  [of  the  Senate]  with  the  jjeo^rraphy  of  the  re<jion  in  dispute." — To  Mr.  D.illas. 
tiOth  Octtdter,  Ir'jD ;  read,  and  copy  giveii^  to  Hur  Majesty's  Secretary  of  State  f"' 
Foreiji;u  Ati'airs. 


SECOND  ANIJ  I)I:KIN[TIVE  STATEMKNT  ok  (JliKAT  lilUTAIN.     205 


ions.'     In  tliat 


i^iisr,  IHdl);  read, 


oraiuliun,  Appoii- 


not  julmittod.  The  (luoslion  whetluu'  or  not  the  line  runs  down  the 
Ciiiiiil  (le  Haro,  acconliiif?  to  the  const rnction  of  the  Treaty,  is  the 
question  before  the  Arbitrator. 

(iii.)  Hut  whatever  was  the  foundation  of  Mr.  IJenton's  observations, 
and  whatever  title  they  have  to  consideration,  Her  ^lajesty's  (lovern- 
ment  cannot  be  affected  either  through  Mr.  I'akenhain  or  throujjh  Lord 
Aberdeen  by  anything  tliat  was  st'id  on  this  occasion  in  the  Senate. 
The  debates  in  the  Senate  were  in  Secret  S<'ssion.  No  publication  of 
them  was  permitted  or  made  until  after  the  time  when  the  ratifications 
liad  been  exchanged  in  London.' 

l';>.  Mr.  Bancroft  adduces  no  further  evidence  whatever  on  this  point, 
yet  he  goes  so  far  as  to  say,  (page  L'O :) 

Tli<>  lanj;naK<'  <><"  tlio  Treaty  hcojiumI  iMM-fccHy  clear  to  tin!  Si'iiatc,  to  tlic  I'lCHidiUit, 
toliis  St'crt'taiy  of  State,  and  to  every  oim  of  liis  eoiistitutional  advisers,  as  departing 
Ikpiu  the  line  of  tin*  parallel  of  41)  '  only  so  far  as  to  yield  tln^  southern  extremity  of 
\aiutiiivor's  Island,  and  no  nioio. 

With  respect  to  the  view  of  the  language  of  the  Treaty  formed  at  the 
tiino  by  the  Senate  (as  a  body)  or  by  th(^  President,  or  by  any  one  of 
ilic  President's  constitutional  a«lvisers  other  than  his  Seca-etary  of  State, 
Ml.  Ibu'hanan,  Ifer  3L'ijesty*s  Government  have  no  information,  either 
troiii  .Mr.  JJancroft's  ivienuriil  or  otherwise.  Tlu'  exception  of  Mr. 
r.iuhanan  is  here  made,  not  on  account  of  anything  in  3Ir.  IJancroft's 
Memorial,  but  because,  in  the  course  of  the  controversy  between  tlie 
two  (lovernments,  a  statement  respecting  Mr.  Piudianati's  opinion  hcas 
hoon  mad(^  on  behalf  of  the  United  States,  it  has  been  said-  that,  in  a 
letter  to  Mr.  Macliane,  dated  (Uh  June,  184<»,  the  day  on  which  the  draught 
Treaty  was  presented  to  ]Mr.  Jluehanan  by  Mr.  Pakenham,  Mr.  P>uchanan 
iiiciitions  the  ('anal  de  Haro  as  the  channel  inten<led  by  the  Treaty. 
This  letter  has  not  been  seen  by  Her  Majesty's  (lovernnu'ut.  It  may  be 
siii)posed  that  it  is  simply  (so  to  speak)  an  echo  of  .Mr.  !>^aeLaiU''s  con- 
Jt'ctiues  as  to  what  would  be  found  to  be  the  substantial  effect  of  Lord 
Aberdeen's  i)ro[>osal,  when  it  came  to  be  worked  out.  Ibtt  whether  that 
is  so  or  not,  statements  i)assing  between  JMr.  P>uchanan  and  3Ir.  MacLane, 
not  eonununicated  to  Mr.  Pakenham  or  to  Lord  Aberdeen,  are  not  ad- 
missible as  against  Her  Majesty's  (U)vernment.  Sir  Kiehnrd  Pakenham, 
ill  his  ]Memoranduin  before  cited,  says: 

It  is  eertain  that  Mr.  Bucliaiiiiu  sij^iied  the  Treaty  with  Mr.  MacT.aiie's  dispatch 
lit'fore  him,  and  yet  that  he  made  no  mention  whatever  of  tlit;  Canal  d(!  Haro  as  that 
lliroaj^h  which  the  line  of  lH)nn(lary  should  run,  as  understood  liy  the  I'nited  States 
(.ioveruuieut. 


SllO 
I'i 


And  this,  after  Mr.  Duchanan  had  had  read  to  him,  by  ]\rr.  Pakeidiam, 
oh  an  extract  from  liord  Aberdeen's  instructions  as  (-omprised  the 


h( 

the  erroneousness 

spoeilied. 

-4.  The  examination  has  now  been  completed  of  everything  that  can 
reasonably  be  regarded  as  contemporaneous  evidence  in  favor  of 

il2|      the  United  States  of  the  intention  *  of  their  (Jovernment  in  con- 
cluding the  Treaty.    Her  Majesty's  Government  submit  to  the 


'  l'a;;e  ll»i),  above,  and  note,  '  there. 

-  Mr.  Cass  to  Mr.  Dallas,  '2(tth  October,  LSCiS) ;.  lead^  and  copy  given,  to  Her  Majesty's 
ptretury  of  State  for  Foreign  Atfairs. 
■Historical  Note,  p.  xvii. 


4 


20(5 


NORTHWKHT    WATKll    nOlINDAin'    AIJIJITHATION. 


Arbitnitor  that  it  is  of  little,  if  any,  wei;jht.  All  that  it  amounts  to  is 
this,  that  some  of  the  persons  eonctuiied  on  the  part  of  the  I  iiitcd 
States,  on  the  occasion  of  the  Treaty,  antieipated  that  the  'IVtiity. 
couclu'il  in  the  words  pro|)ose(l  on  one  side  and  adopted  on  the  otlicV. 
would  haveaeertain  ell'ec^t.  These  anticipations  were  not  communicated 
at  the  time  to  Jh'r  Majesty's  (lovernment,  or  to  any  repiesentaluc  oi 
that  (lovernuH'nt,  and  are,  therefore,  in  no  dc;;rec  bindin;?  on  tlicin  to 
their  detriment. 

L'r».  Hut  before  i»artin;^  from  this  bjanch  of  the  subject.  Her  Majesty's 
(lovernment  will  advert  to  two  other  pieces  of  evidenc*;  which  Ijiivi 
been  in  the  course  of  the  controvei'sy  ailducted  as '•  piu'sonal  testiiiiony 
eout«Mni)oraneous  witii  the  Treaty,"'  and  wliich  it  is  possil»le  nuiy  l)c 
bron<;ht  up  ayain  as  sucii  in  the  present  discussion. 

(1.)  It  is  stated'  that,  on  L'Sth  December,  IS  1(5,  .Mr.  Bancroft  i  win, 
vas  then  the  I'nited  States  Ministei'  at  London)  havin<>'  wiitteii  to  Mr. 
]>uciianan  on  tlu^  subject  from  London,  Mr.  ISiu'hanan  in<'lo.sed,  in  ;\ 
letter  to  Mr.  r.aiicroft,  a  traced  c(>py  of  Wilkes's  chart  of  the  Straits  ot 
Arro,  (that  is,  the  t'anal  de  llaro,)  and  added  : 

It  is  not  ]>roliiil>le,  liowevcr,  thiit  aiii'  elaiiii  of  fliis  cliaiiiiti'i'  will  lie  M-ridii^lv  \nv- 
ItTrt'il  l>y  lliT  Majesty's  (ii>v<Tiiiii<Mit  to  any  i.slaml  lyiny;  to  tin-  eastwiiiil  ot"  tlif  Ciiiii! 
(Ic  Am),  as  inarkt-d  in  Captain  Wilkes's  niai»  of  tlu'.  ()ie<;on  'I'l-nitoiy. 

The  corresponden(!e  tit  this  time  between  'Mv.  Uancroft  and  Mr.  Dii 
cbauan,  as  far  us  the  same  is  known  to  Her  Majesty's  (Jovernmeiit,  is 
act  forth  in  the  Api)ontlix  to  this  Statement.'  Her  Majesty's  (ioveiii 
ment  submit  to  the  Arbitrator  that  if  this  corresponilence  is  proposed  U\ 
be  used  on  the  ]>resent  occasion  as  evidence  on  behalf  of  the  Uiiitod 
States,  it  ought  to  bo  rejected.  First,  it  was  from  its  nature  entirolv 
unknown  at  its  dates  to  ller  Majesty's  Government;  secondly,  any  dw 
larations  it  contains  were  made  post  litem  motam.  Even  if  admitted,  it 
would  l»e  of  little  value,  as  it  cannot  carry  the  case  further  than  it  is 
carried  by  Mr.  MacLane's  letter,  on  which  Mr.  IJuchauan's  .statements 
in  this  correspondence  explicitly  rest.  Mr.  Jiuchamiii  does  not  use  a 
word  that  can  fairly  be  considered  as  conveying  his  personal  testimony 
as  to  the  intention  of  himself  or  his  Government  at  the  time  of  tlie 
making  of  the  Treaty.  Finally,  if  this  correspondence  is  admitted  a.s 
evidence,  then  Her  Majesty's  Government  would  «ask  that  there  betaken 
into  consideration  along  with  it  the  report  of  Mr.  Buchanan's  views  in 
1848,  made  by  Mr.  Crampton,  Her  Majesty'.s  Minister  at  Washington. 
and  the  subsequent  communication  thereon  made  to  the  United  States 
Government.' 

(2.)  The  other  piece  of  evidence  referred  to  by  Her  Majesty's  Govern 
ment  as  having  been  adduced  on  behalf  of  the  United  States  is  the 
following  :* 

Mr.  Bancroft,  who  was  a  member  of  I're.sitlent  Polk's  Cabinet  when  tho  Treaty  was 
concluded,  wrote  rei)eatedly  to  Lord  I'almer.ston  after  receivlnj;  tliisi  chart,  [the  traccil 
copy  of  Wilkes's  chart  altove  mentioned,]  and  nniforndy  dttscribed  the  Straits  of  .\rni 
"as  tho  channel  through  the  middle  of  which  the  boundary  is  to  bo  continued." 

The  communications  between  Mr.  Bancroft  and  Viscount  Palmcrstoii 

here  referred  to  were  in  July  an<l  November,  1848.     The  letters 

[loj      are  set  forth  in  the  Appendix,*  together  *  with  the  published 


h\ 


'Mr.  Cass  to  Mr.  Dallas,  'JtHh  <)<'.tol)er,  185S);  read,  and  cojiy  s'ven,  to  Her  Miiji'sty'.- 
Secretary  of  State  for  J'orei<;n  Affairs. 

*  Appeiulix  No.  2. 

'Appendix  No.  li. 

■•Mr.  Cass  to  Mr.  Dall.is,  'iOth  October,  13")!);  reail,  and  coi)y  given,  to  Her  Majesty- 
Secretary  for  Foreign  Alfairs, 

"^ Appendix  No.  1. 


TION. 


SKCONDAM)  DF.riNrnVK  STATKMKNT  OF  (JUKAT  HKH'AIN.      207 


it  amouiifs  to  is 
t  of  tlie  I'liitiMl 
llllt  tllO  'Jlfiity. 
tod  on  the  otln V. 
ot  c(Hniiiiiiiicat('ii 
•»'|H'rs(MitiiliV(>  oi 
idiiij?  on  tlicin  to 

•t,  Ilcr  Miijcsty's 

I'nct!    Wllicll  li;lvc 

rsonul  tostiiiiDiiy 
possible  nuiy  hv 

:   rmnci'ol't   iwhii 

\<i  wiittcii  t(t  Mr. 

in  incloscil,  in  ii 

of  the  Stniits  ot 


ill  lie  M'riiiu,l\  pic. 

stVMIIll  III"   till'  (   llll.l! 

ny. 

•oft  and  Mr.  iJii 

i  (lovcniniont,  is 

laje.st.Y's  (lovcrii 

ce  is  proposed  U\ 

If  of  the  United 

i  nature  entirolv 

icondly,  any  doc 

Ml  if  admitted,  it 

iirther  tlian  it  is 

nan's  statements 

does  not  use  a 

rsonal  testimony 

the  time  of  the 

!  is  admitted  as 

it  there  be  taken 

ianan's  views  in 

at  Washinjiton. 

le  United  States 

lajesty's  Govern 
ed  States  is  the 


hen  the  Trciity  wa.^ 
i.i  chiirt,  [the  traci'il 
I  the  Stniitu  of  Ami 
»o  coiitiiiueil." 


ount  Pahnerston 

B48.     The  h'tters 

h  tlie  published 


extract  of  a  letter  from  Mi.  llaneroft  to  Mr.  Iliulianan,  deseribinjj; 
a  conversation  whieh  he  (Mr.  lianeroft)  iiad  had  witii  Lord  I'alnierston. 
Xostatemeiitof  Mr.  liancroftmade  more  than  twoyears  after  tlu'exehanfje 
ot  nitilieations  ('an  l)e  reasonably  lepirdecl  as  ''personal  testimony  (!«)n 
teiiiporaneous  with  the  Treaty,"  in  wliieh  eate^iory  it  is  plaeetl  in  the 
|),i|»('r  of  .Mr.  Cass  adducing  it.  The  only  use  to  «lii(;li  these  documents 
oDiild  now  be  fairly  applied  would  b(>  to  show  that  Lord  Palmerston  ha<l 
then  made  to  Mr.  lianerott  admissions  now  bindiii;L,M)n  Her  >Li,iest,v's 
(ioveinment.  Jlut  the  doeunn'iits  alford  no  ^-round  for  su«li  a  snjjfH;es- 
tioii.'  TIh'  course  taken  by  lionl  I'alnierston  on  .Mr.  iJauiioft's  sectond 
litter  (in  which  he  tor  the  sec(uid  tinu  intimat«'il  his  view  that  the 
iMHUidary  was  to  pass  throu;;h  the  Canal  de  JIaro)  is  conclusive  as  to 
Lord  I'almerstoirs  view  of  the  position,  it  is  plain,  on  the  face  of  Lord 
I'iiliiierstoirs  answer  to  that  letter,  that  thi^  answer  was  deliberately 
trained  so  as  not.  to  amount  to  an  admission  •>{' the  claim  put  lorward  by 
Mr.  l5ain;roft.  If  there  couhl  be,  any  doubt  of  tiiis,  on  the  words  t)f  the 
letter,  the  doubt  would  b»>  jait  an  end  to  by  a  reference  to  the  minut«'s 
iin  Mr.  IJancroft's  letter  which  ]>receded  the  preparation  of  the  draught  t)f 
l,(»i'(l  I'almerston's  answer.  On  Mr.  liancnktl's  letter  the  rnder-Seere- 
tary  of  State  made  the  following  minntt^  lor  Lord  I'alnierston  : 

Sli.ill  tills  letter  lie  jickiiow  le(l;;e(l  iiiid  Mr.  I?aiicr(it't  lie  thanked  for  it  ?  And  if  Ko, 
-'i  !l  the  uiuleilined  assiuniition  of  Mr.  llaneroft   lie  jiassed  over  w  iihoiil  oli.servation ' 

The  underlined  words  were,  "  throuoh  the  middh>  of  which  our  l»ound- 
ary  line  passes."     Lord  ralmerston's  minute  in  answer  was  as  follow.'* 

Tliiink  iiiiii,  and  say  that  the  information  enntained  in  these  ehart.s  as  to  sonndinftM 
will  MO  donlit  lie  of  irreiit  service  to  the  Coniniissioiu-i's  to  lie  a)i|ioinled,  hy  assisting; 
ilii'in  in  deterinininji;  where  the  line  of  liomidary  deserilied  hy  the  Tn-aly  onj^ht  to 

lUU.' 

IV. 

-().  The  next  cla.ss  of  Mr.  IJaueroft's  ar^jfuments  is  to  be  fiuind  in  those 

|ias  ,i<;es  iu  which  he  eontend.s,  in  effect,  that  JFer  Majesty's  (lovern- 

nient  are  precluded  from  disputin<?  the  interpretation  put  on  the  Treaty 

by  the  United  States,  on  tlie  srou»d  that  theframinjj;  of  the  Treaty  was 

as  he  represents)  the  work  of  Tier  ^Majesty's  (joveniment. 

-7.  lie  says,  (page  L'L' :) 

Tliedraiiglitof  the  Treaty  wu.s  made  entirely,  even  to  tlio  minutest  word,  hy  the  Hritinh 
Ministry,  and  \vu.'  sijjned  hy  both  i)arties  withont  chanjjje.  The  llritLsli  tJovernmont 
lainitit,  therefore,  take  advantafj;e  of  aiianibijjfnity  of  their  own,  otherwise  I  ho  draught  of 
tlie  Treaty  would  have  been  a  snare.  Such  is  the  principh^  of  natural  ri<jht,  such  the 
e.stahlished  law  of  nation.t.  Hu;i;o  firotius  lays  down  the  rule  that  the  inttM'pretation 
imiHt  be  nuido  against  the  l>arty  whieh  draughted  the  contlitions  :  "lit  eontra  eiuu  fiat 
interjiretatio,  <pii  eoiiditiones  eloeutiis  est."  Ihit  no  one  has  exiiressed  this  more  clearly 
tlian  Vattel,  who  writes :         *  '         ' 

[14]  *2<S.  Her  Majesty's  Government  submit  that  the  fact  tliat  the 

project  of  the  Treaty  emanated  from  them  can  be  in  no  way  used 

to  their  disadvantage.    The  Treaty,  as  it  comes  before  the  Arbitrator, 


en,  to  Her  Miijesty 


en,  to  Her  Majesty' 


^  If  I  notice  General  Ca.s.s's  allusion  to  the  letters  wliieli  he  ^aysMr.  Raneroft  repeat- 

shed    H  '"'".V  wrote  to  Lord  I'alnierston  in  IHIH,  it  is  only  for  tin*  purpose  of  jilacing  on  record 

■  what,  no  «loubt,  Mr.  Bancroft  duly  r«'ported  to  his  (ioveriiment  at  the  time,  namely, 

7TT    H  that  Lord  Palmersttin  gave  Mr.  Haneroft  distinctly  to  understand  that  the  ISritish  (Jov- 


t'l'inneiit  did  not  ae(|iiiesco  in  the  pretensions  of  the  United  States  that  the  bound.iry 
liiieHlionld  be  run  down  the  llaro  Channel." — Lord  .John  Knssell  to  Lord  Lyons,  Kith 
Deccniher,  1859  ;  read,  and  copy  given,  to  United  States  Secretary  of  State. 

-These  observations  may  not  lie  thought  too  iiiinute  when  it  is  stated  that  Ijord  I'al- 
mcrston's  letter  has  been  treated  by  Mr.  Archibald  Campbell  as  a  virtual  admission  of 
tli(^  Canal  de  IFaro  as  the  Treaty  channel. 


mia 


208 


NOKTMWEST    VVATP^K    BOUNDAHY    ARBITRATION. 


must  hi'  rofjiinled  as  the  work  of  both  i)jirti<'s.  It  was  in  tlie  power  ot 
the  J*resi(h'nt  or  of  th<'  Senate  of  the  United  States  to  insist  on  anv 
alteration  of  the  terms.  Tliey  had  abiindatit  opportunity  f<»i  conisldei". 
ing  the  terms.  The  projeet  was  delivered  by  ,Mr.  rai<eidiani  to  Mr, 
Buclianan,  and  considered  by  them  in  eonferenee,  on  the  (>th  of  .Innc. 
It  was  sent  by  the  President  to  tlie  Senate  on  tlie  l(»tli  of  June.  U 
was  considered  by  the  Senate  on  t'le  10th,  1 1th.  and  12th  of  ,h\\u\  The 
Treaty  was  si{;ned  on  the  loth  of  June.  It  was  sent  to  the  Senate  U,v 
ratilieation  on  the  10th  of  June.  The  Treaty,  with  various  incidcndil 
motions,  was  before  the  Senate  on  the  KHh,  17th,  and  ISth  of  June.  31r. 
Llneiianan  intimated  to  Mr.  Pakenham  tliat  tlie  I'residiMit's  nu'ssii<:t' 
senditiff  the  project  to  the  Senate  might,  and  probably  wouhl,  suf,'>,'esi 
some  nu)difi(!ations  in  it.  An  entire  counter  proposal  was  made  aiiil 
diviih'd  on  in  the  Senate;  in  the  pre'iiu'.inary  deliberation  a  formal 
motion  was  divided  on  for  adding  a  proviso  to  Article  11 ;  and  ?li'.  jii: 
chanan  maile  repiesentations  to  Mv.  l*akenhai!i  respe<'ting  the  ctrt'ct  nt 
that  Arti(;le.'  Sonii  .»f  the  reasons  that  prevailed  with  the  Sciuite  to 
induce  them  to  adopt  the  i)roiect  us  it  stood  niay  b(»  gathered  from  Mr. 
JJenton's  speech.  Ib^  obJecte«l  t<  any  alteration  (first)  on  the  groiind  ni 
the  delay  that  wouh!  be  caused,  which  would  be  injurious  to  tlie  in 
terests,  particularly  the  commercial  interests,  of  the  Tnited  States  :  ami 
(secondly)  becaus;-  of  the  importance  to  the  United  States  of  elosiiii: 
the  djucstion,  as  they  were  then  engaged  in  war  with  the  Hepiiblic  ot 
^le\i<;o.  In  all  these  cireiimstances,  the  words  of  the  Treaty  must  he 
taken  lo  be,  as  they  in  fact  are,  the  wonis,  not  of  Lord  Aberdeen  ami 
Mr,  Pakenhanj  only,  Itut  tin*  wonls  also  of  Mr.  I'.uchanan  and  of  Un 
President  an<l  Senate  of  tlie  United  Stales. 

20,  The  wor<ls  cited  by  .Mi.  Ilancrolt  f.(Mn  (Jrotius's  book  are  not  ap 
plieable  to  the  picsent  case.  The  passag<>  fi(Mii  which  they  are  ('Xtiactci! 
relates  to  the  case  of  <li<'tation  ol  conditions  ui  pea(;e.  The  whole  chaiitci 
to  Vihi<'h  tlie\  belong  is  on  that  and  cognati^  subjects.  The  senteiur 
from  which  .Mr.  Uancroft's  citatio"  is  tak<'ii  reads  in  a  more  coinnlili 
form  thus  : 

In  il  (ill  id  nil  tc  III  s.'iiNii  iii;ijiis  I  ^l  lit  <<iiiiia  ciiiii  li.ii  inlfi  infiiitiu,  i|iii  .uiMlitiuiii's  cli 
(  (Ittis  est,  (|iltiit  f>s('  stili't  i»(il<  iilliH  is  :  est  ejus  (|iii  dnt  imii  ijiii  in-til  I'liiidit iitlirs  |i;ir 
Uai'c  [(lict'ir.  ]  ail    Amiil>al. 

Tlie  ;)assage  pioduci'd  by  .Mr.  I5aii<'r(itt  i'rtnii  Xattel's  wor!;  ap]teai'stii 
Uer  Majesty's  (;o\ crnment  to  be  as  capable  of  an  application  iavui 
able  to  litem  as  of  one  unfa\oi'able  to  them. 

',W.   In  another  i»la<'e  (page  .lO)  .Mr.  Bancroft  says: 

A  pan  V  <irri'iin'.jr  tli  •  <li,mi;Iil  (if  :i  Treaty  is  luiiinii  1>\  tin-  iiit<T)irii,;;iiin  wliicli  itkinw 
•,\t  tin'  tiiiif  tliiit  tli<'  (illici-  [iiirty  ^avc  it.  I.nnl  .Vln -nli'i'ii  I'lmiiiit  lia\  r  doiililcil  lin*' 
t)u'  Tifaty  was  iiinlristoiKl  li\  Mr.  .Mail.aiir.  liy  Mi'.  ISiicIimiium,  and  liy  tin'  Si-iiiili  ••'■ 
tilt  Uiiitt'<l  Slatfs.  "  Wlit-n- till'  Ici'iis  of  luoriii-*!'."  wiitc-;  rairv,  mIuisc  wn.k  ><ii'<  l"ii.: 
a  tcxt-lKidk  at  OxCniil,  "adiiiil  uMimit'  sriiMS  tliuii  uuc.lhi'  pidinisc  is  to  lie  |M'rt'iirini  i 
(II  tlic  M'li.'ic  ill  w  liitli  tlir  pniiiiiM'i-  .'ipprchciidi'd  at  "ln'  tiii.i'  that  tin-  iiiiiiiiistc  icn  iui: 
it.  'I  his  \\\U  luit  ditViT  lV'.'!!i  till'  ai'inal  iiili-iitinii  of  liu'  uioini.scr.  w  licr,-  the  pnuiiiM' 
iHlniMii  withdiit  ciiilMsidii  or  ii'siTM' ;  liiil  we  put  tlirnili  ■<  tlie  alnixr  tumi  (di'vcliiiii' 
r\asidn,  AvhiTi'vcr  fiif  pidiiiisi-r  atti-iiipts  to  niiiku  liis  rHt-;'!"'  liiinii^li  •<(iiiir  aiiilii;;Mit\ 
ill  tilts  I'.sptcsNioiiM  wliicli  111'  iifii'd." 

[ITi]  '•Her  Majesty's  (io\ernment  are  not   here  eonceriied  to  disim''' 

<hegem'ial  proposition  that  a  party  offering  to  another  the  ilr.iii;'!'' 
of  aTr«'at>  is  bound  ity  the  interpretation  whicli  •*.  ^the  j)ar(y  olVciiii!: 
kiu'W  at   the  (ime  tin    otiier  party  gave  to  the  draught.     I'.iit   tlies  tl" 
«!i><t>nte,  ami  submit  tliex  ha\('  disproved,  Mr.  l.ancroiVs  particular  i'n'l' 

'  Api.tiulix  St).  r»,  luid  liistorit'ul  Note,  p.  xix. 


in  tlie  powiT  of 
)  insist  (til  any 
by  f'oi  consi(U«i". 
kOiiliaiM  lo  Mr. 
ho  Otli  of  .Innc. 
:li  of  June.  It 
I  of  .funo.    Tlic 

I  tlio  Sonato  U,r 
rious  inci(lciit;i! 

h  of  JlUK'.    31i. 

i«'aMit's  nicssa;;*' 

would,   Sll<rjf('Si 

was  made  and 
ation  a  fuima! 
II;  an;!  Mr.  jJn 
inji"  tho  cfftrt  ot 
li  the  Senate  t» 
tlierod  from  Mr. 

II  the  }j;i(tii!i(l  (if 
vious  to  the  in 
ted  States :  and 
itates  of  closiiii; 
the  liepultlie  iit 
Treaty  must  l»c 
I  Aherih-eii  and 
man  and  of  lii' 

took  are  not  aji 

ey  arec'Xtractoi! 

w  whole  eliaiil"! 

The    seiileniT 

inor«'  eoiiijiliif 


SK(  ONJi  AND   iiKFINI  TIVF.  >  rAT!:>IKNT  <il'  CRF.AT  lilMIAIN.      20!) 

,,ili(»n.  Lord  Aherdeen  (he  says)  eannot  have;  doubted  how  the  Treaty 
vas  iiiniei'stood  by  Mv.  ^la^  Lane,  by  .Mr.  lj(u*hanan,  and  by  tht;  Senate 
„!  tiie  I'nited  Stales.  Her  3IaJ«'sty"s  (lovernnient  have  proved  that 
Lord  Aberdeen  did  not  know  until  aftor  tln^  exchanjje,  of  ratilications 
!t  jiersonally  he  «'ver  knew)  of  Mr.  !\!aeLane's  lettcM'  to  Mr.  Uuehanan, 

I  .Mr.  r>u<'hanan"s  lett«r  to  Mr.  ^laebane,'  or  of  .Mr.  IJenton's  sjieech 
the  views  expicssed  in  which  Mr.  IJaneroft  seems  to  ascribe  to    lie  Sen 
itf  as  a  body.) 

.'>1.  The  doctrine  contained  in  tlie  ])assaf«e  cited  oy  Mr.  Ilancroft  from 
Hr.  I'aley's  treatise  on  Idoral  and  Political  Philosophy  appeals  to  Jler 
Majesty's  (Jovernnieiit  jicneraily  true,-'  but  here  irrelevant.  That  (hie- 
niiie  ai»plies  to  a  ])roinise  in  th's  ordinary  sens.',  a  i;nilateral  inomise,  oi' 
,111  ('ii,a:aj;enient  taken  by  one  ]»arty  wholly  or  mainly.  It  is  not  appr«»- 
iniato  to  the  ease  of  a  contract,  wiiicli  th(^  same  treatise  detines  as  a 
iiiutiial  promise.  A  few  jtajjes  further  in  that  treatise,  the  following;'  is 
^tiitnl  as  "a  rule  which  ;;overns  the  eonstructiou  of  all  contracts:"' 

U'liiitcvt-r  is  i'\]>('ctril  In  onr  siilr,  iiiiil  known  to  iic  so  cxpfctcd  l)y  tin- otluT,  is  ti)  In- 
.ii'iiii'd  .•!  pait  or  condition  <it'  tlic  contract. 

This  rule  ller  Majesty's  (lovernnient  submit  to  be  Jud^jcd  by.  liven 
I' it  wer<!  admitted  (as  it  is  not)  that  Mr.  IJaucroft  h;\s  shown  what 
iinoiuits  (in  the  phraseolojiy  of  '>r.  I'aley)  to  an  expectation  on  the  side 
of  the  United  States,  he  has  emirely  tailed  to  show  on  the  other  sitle 
ilnit  of  ller  Majesty's  (lovern men t)  a  knowlet'u'eof  the  existence  of  that 
ixpcctatiou.  On  the  contrary,  ller  Majesty's  (iovernment  hiive  demon- 
-tnited  their  necessary  ijiuorance  on  the  point. 

'ij.  v'>ir  IJichard  Pakenhani  (in  his  ]\'emoraiidum  before  cited)  says,  (he 
i>  writing"  some  twelve  years  aft«'r  the  Treaty,  and  he  s[>eaks  therefore 
ill  ;,'iiarded  phrase,  but  his  testimony  is  clear:) 

Itliiiik  I  can  safely  jisscrt  tliat  tiit!  'I'lcaty  of  l.Mli  .Innc.  I'^lii,  was  r<iy;nc<l  amt  latilicil 
iilioiil  any  intiniati')n  tons  wlialcscr 'in   tli<'  part  <il'  tiic   irniti'd  States  (ioNcrnnicnt 

1^  Wi  llic  particular  diiiclion  to  he  v.ivcn  to  tin-  line  of  honndary  conleniplated  liy 

\iliile  1    if  tinU  I'realy. 


■r 


work  ap]t<'ars  lo 
>H<Mti(Mi  lavu! 


,;ioM  wliicli  it  kiiiv 
lase  donliled  iin*'' 

d  liy  till'  Seiiat"  >''. 
use  \\(i.  k  >vas  lull.' 
i'.  to  Ite  perfdriMi  1 
)ironiisi(>  rcitivi'ii 
w  her.'  tlie  priiMii-' 
i\  I-  toi  ni  tHev(lll!li' 
ill  some  aniliij;iiit^ 

iiied  to  dispntf 
herthediiiii;:!!' 

l)arty  olVciini; 
I  Jut   tlicvdi' 

•articular  I'loi' 


''•1.  It  remain  .  to  examine  the  arguments  by  whit^h  Mr.  Ihincroft  en- 
icavois  to  show  that  the  lan{;iia,^e  of  the  Treaty  points  to  the  Canal  <le 
iiai'o  and  to  that  eiiannel  alone. 

i.)  Mr.  r.jmcrolt  icters  (jta^e  lil)  to  thetioneise  foim  of  expression  b;, 
'^hieju  he  says,  in  lioth  countries  the  liiu!  was  described  as  the  line  of 
^ln' '•  tiMtyninth  paralh"  jind  l-'uea's  Straits."    Tw^iobservations  occur : 
it  .Many  persons,  inclndin;; -Mr.  (Ireenhow,  used  the  name  l''iica's  Straits 
''H'liihiace  the  waters,  or  iit  least  t!ie  southern  waters,  of  the  (inlf  of 
'■t'oruia.     (-)  If,  in  this  phrase,  the  name  is  not  so  understood,  then  the 
'ISC  of  this  4'xpre.ssion  (the  forty-ninth  piirallel  ami  J'uca's  Straits)  is  of 
110  w«'i<4ht  in  favor  (»f  Mr.  Ihu. croft's  armiineii   ;  for  the  whole  (pies- 
I'M      lion  is  where  the  line  is  to  run,  which  is  reipiired  to  form  *a  «'on- 
iieetinj'-  link  between  tlie  forty-ninth  parallel  and  I'uca's  Straits, 
'hat  name  beiiio  used  in  the  modern  sen.se.) 
(ii.)  Ml'.  Ilancroft  says,  (pa;;e  -.">:) 
*V!ien  the  Treatv  si.eaks  of  ••  tlie  eliannel."  for  tli!;t  part  sontli  and  wes(  of   Itirdts 


>•>,  It  iiiiist  lilt  aii  tile  Clianiiel  of  llaro,  for  no  otlici  "  elianiufi"  w  us  Known  to  tlie  iie^o- 

liltd'S. 

Al'ONe,  parajjrapli  '*;!. 

It  is,  liowever,  not  altoeetliei'  nniinpeaclialdc,  as  will  ,i|i]i('ar  I'nnn  tlie  criticiKins  of 
""'ller  lai^lisli  aiillior.  Aie^fin,  l-fctnies  mi  .Ir.nsjn  ndence.  \ol,  ii.  ji.  I'JV. 

II  I. 


210 


XOKTMWEST    WATlirj    nOi;M>AK\     ARniTRAIION, 


Uif 


And  he  proceecLs  to  iiistiiiicc  niiips  on  whicli  tlio  Canal  do  Uavn  uiitl 
no  other  channel  is  named.  This  argument  assnnies  that  the  relciviici 
in  tlie  Treaty  is  necessarily  to  some  nanjed  channel.  Her  ^Miijesty". 
(Joverninent,  on  the  contrary,  liave  submitted  that  the  absence  ot  anv 
name  in  the  Treaty  is  stronjj  «'\  idence  in  fuvorof  their  contention.  Tin 
fact  that  the  Kosario  Straits  lia«l  no  name  specially  lits  that  passage  to 
be  the  nameless  channel  of  the  'freaty.  The  Canal  de  llaro  was  con 
spicuonsly  named  on  Vancouver's  chart  and  ^^'ilkes^s  map.  If  it  liai! 
l)een  intended  to  be  the  channel  of  the  Treaty,  it  would  have  been  ohvi 
ous  and  easy  to  name  it.  Mr.  J>ancr(tft  can  scarcely  n)ean  to  cuiitt'inl 
that  the  Itosario  Straits  are  not  a  channel,  because^  they  do  not  iiciu  ■ 
name  of  which  the  word  '•channer'  is  ])art. 

(iii.)  Mr.  IJancioft  i>roceeds.  (i)a^e  U(i:) 

A^iiin,  tlicwonl  '•  cliJiiiiii'l"  when  ciniiloyt'fl  in  Treat ics,  nicair-  ii  i\ri-\>  ami  iia\i;;ali|. 
I'liaiiiicl,  antl  wlii-ii  tlicrt' an'  two  naviyatili' cliaimi'Is.  tiy  flic  mli- nt' iiiti'riiatii>iia!  !;■« 
Ijii'li'i'i'iu'c  is  to  111!  ^ivfii  Id  tlic  laritcst  roliimn  of  water. 

That  the  word  "  elianiier"  means  a  navigable  channel  in  Treat  les^iviifi 
ally,  anil  in  the  Ti<':iry  nndei  consideration  in  particular,  is  maiiitaiiim 
also  by  llr'r  Majesty's (ioveiiimeiit.  Jbit  they  do  not  admit  the  existcini 
of  such  a  ride  as  is  here  alleged,  if  navijiability  is  of  the  essence  of  ,i 
chiinnel,  then,  as  between  two  channels,  )>reference  shoid<l  be  jiivcii  in 
the  one  which  is  the  better  iitted  tor  navigation.  Now,  at  the  time  whii: 
the  Treaty  Wiis  made,  at  which  time  it  must  be  reatl  as  si)eaUiii,u,  tin 
Canal  de  llaro  was  almost  unknown  to  and  unused  by  practical  navi;,M 
tors.  It  can  scarcely,  in  the  true  sense  of  lan>j;iiaj;«',  regarded  as  used  a; 
that  day,  be  called  a  ntivigable  channel.  Even  at  the  present  day.  wlui 
thoroughly  explored  and  surveyed,  it  is  found  to  be  of  dilViriilt  aii.i 
dangerous  navigation,  especially  for  sailing  vessels, and  oidy  onesteaiin'; 
had  penetrated  into  those  waters  at  the<late  of  the  Treaty.' 

(iv.)  Then  Mr.  Bancroft  says,  (page  LMI:) 

Now.  coinjiai't'il  with  aiiyotlicr  channel   tliroii^li  wliidi  a  sliip  could  pass  IVoin  ti: 
.s(>a  at    till-    I'ortyiiiiilli   parallel,    to    tlie    Straits  ol'    I'm-a,  the  Cliamiel  of  Ham  i- \\\< 
hioatlest  and  the  (lee]test,  till' shorle.-l  anil  1  he  Itest.      -      »     ^      »      W'i'ii  re;;aiil  to  ii(  n; 
till.' lonlrast  is  still  iiiDie  strikiiij;.  ^  *.  -  . 

l>ut,  although  depth  of  channel  may  bean  advantage  in  river  niivi;i;i 
tion,  and  may  then'fore  well  weigh  in  the  choice  of  om^  chiinnel  a>  ;i 
boumlary  in  preference  to  one  or  another  less  deep,  yet  de|)th  beyond  i 
(;ertiiin  limit — a  limit,  perhaps,  never  reached  in  river  navigation— In 
oomes  a  <lisadvantage  in  iiiivigation  of  every  kin<l,  as  it  lessens  tin 
facilities  for  anchoring,  and  thus  incrciises  the  tlangers  of  na\  igatidii. 
The  Canal  de  Haro  is  an  instiince.  Its  de|ith  is  so  great  that  theivan 
but  few  anchoiages  in  it,  and  there  are  none  in  the  main  channel:  ;iii"^ 
with  this  defect,  and  its  rapid  ami  variable  currents,  it  becomes  ,ii 
unsafe  passage  for  sailing-vessels.  The  Ifosario  Straits,  on  tlienilni 
hand,  whil(\  they  are  «lcep  enough  for  vessels  of  the  very  largest  che^ 
have  many  anchorages,  conveniently  and  securely  situated:  tiiid  at  ili' 
same  time  the  regularity  of  the  currents  in  them  makes  them  coiii|i;ii 

tively  citsy  of  navigation. 
1 17|  *(v.)  Mr.    Ilancroll  further  says  (ptige  -«i)  that    the  Caiiiil  >'' 

llaro  is  'Mhe  shortest  i\u\  most  direct  way  bet\\i'en  the  iiainll' 
of  4!P  iind  l''uca  Straits.''    Unt  there  is  nothing  in  the  Tretity  teslid* 
that  the  line  betwi-en  the  forty-ninth  parallel  tind  the  Straits  of  I'lic;,  > 
to  be  run  bv  w  hat  mav  now  be  Indd  to  be  the  shortest  and  most  dim: 


'On  these  points  I  ler  Majesty's  (iKVelliinent   refer  to  the  eviili  II' e  ill  the  Apjii'inli'''' 
tluii  tiisc,  pii'seiilt'd  to  the  Arhitiator  in  Deii'inlier,  I'Tl. 


ION, 


SECOM>  AND  DEKIMTIVK  STATKMKNT  OK  GREAT  HRITAIN.      211 


ijil  do  lliU'i  and 
It  tlu^  rol'civiHi 
Her  ^liiji'sty"-. 
absoiict*  of  aii\ 
[)ntt'ntioii.    Til. 

tllilt  J)aSSil;;C  til 

>  ]I;iro  wiis  con 
niiip.     If  it  liiiil 
liiivc  Ix'cn  olivi 
lU'iiii  to  contt'Mil 
'V  do  not  liciu  ,1 


ili'rp  :ill<l  lia\  l:ialM 
I'  inli'iii;itii)ii;il  iiiu 

II  Tft'.itit'sjivui', 

ir,  JS  llliUlltilillfM 

nit  the  cxistciii'i 

tllC  OSSl'IICC  (if  ,1 

Duld  be  jiivoii  tn 
iit  llic  tinu'  wliii: 

iis  si)(';ii<iii,u.  tin 
l»mctical  iiiui;.M 
L-iUtlod  iis  used  ;i; 
iivst'id  diiy.  will! 
i»  of  dillieiilt  Mini 
1  only  one  stciiini'. 

atv'.' 


Cllllltl    llilSN   t'lolll  tl! 

Mill"!  of  Ham  i>lhi 
Vi'ii  i('"aril  toiliii'^ 


('  ill  liver  ni\vi;M 
one  elianiiel  ;i>  ' 
t  depth  lievoiida 
•  iiaviiiation— 111 
IS  it  lessens  lln 
rs  of  na\  i;;:ititiii. 
at  tliat  theiv  iiu 
ain  channel:  ;iiii' 
s,  it  Iteeoiiit's  .ii 
its,  on  the  oilni 
er.v  hirjit'sl  cIm- 
ited  :  and  at  ili' 
s  them  eoni|i;ii' 

lilt    t!ie  (.'aiiiil  il' 
ween  the  i>iiiiill' 
le  Treaty  toMio* 
Straits  of  Imh;'.  > 
and  most  tliin^ 

•(•  ill  til.'  App.'iMi^;!' 


rt.iy.    The  line  is  to  lie  drawn  by  the  channel  of  the  day,  the  ordinary 
,111(1  fnM|iiented  iiaviyable  (channel. 

vi.i  Mr.  Uancroft,  in  Favor  of  the  Cantjl  de  Fltiro,  says,  (pajjc  LMi,) 
■Diiliot  <le  .Mofras  describes  it  as  notorionsly  the  best."  From  this 
uitl  otluM'  references  in  the  Memorial  to  this  writer,  it  mijjht  be  sup- 
posed that  he  was  entitled  to  hijjh  resp«'ct  as  an  authority  on  the 
hydrojrraphy  and  navigation  of  the  region.  The  tju;^  is  \\v  was  attached 
III  ii  Hiiro])ean  Legation  in  Mexi<*o  in  ISlO-'iL*.  and  was  sent  thene*' 
til  report  on  the  Oreji'on  <listri<'t  and  neighboring'  <'oiintries.  In  his 
iiroiiiit  he  says,  with  regard  to  the  ililliciilty  of  navigation  of  these 
naters.  that  the  Canal  tie  llaro  is  '' le  ]»assafre  le  pins  facile."  He  was 
iiot  a  naval  oflicer,  and  appears  to  have  been  em|doyed  sohdy  in  a  civil 
ajiacity.  Mr.  Ar(;hibald  Camj)bell,  after  (pioting  the  piissaj;e  in  which 
:1h' (thservation  referred  to  by  Mr.  JJancroft  is  made,  says: 

Aii.l  this  i)|)inii)ii  lit;  f  l)iill(>t  dc  MofrasJ  must  liavt-  dcrivt'd  fnoii  the  j;t'in'ral  n-port 
;■  thus.'  ('iijia^^iMl  ill  the  navii;iitiitn  of  llii'sr  waters,  as  liis  own  rxploralions  arc  coii- 
-(Imd  vi'iy  Mi|.i'rtiiial. 

It  is  plain  that  he  hits  no  personal  authority  on  a  (piestion  of  naviop.- 
Mon. 

vii.i  Mr.  IJamroft  contends  (pa.ti'es  L'7  and  L".»)  that  the  Canal  de  IJaro 
>;  the  only  chininel  which  sei)arates  the  Continent  from  \"anconver's 
i>laiid;  that  there  are  other  passao-cs  which  divide  islands  iVom  islands, 
imt  none  other  separates  the  Continent  from  \'anconver's  Ishuul;  and 
that  the  K'osario  Straits  touch  neither  the  Continent  nor  Vancouver's 
Maud.  IJiit  Her  Majesty's  (Jovernmeiit  submit  that,  even  if  the  i)resent 
^tate  of  knowledge  is  to  lie  taken  into  account,  the  distinctions  here 
ittcinpted  are  nut  tenable,  as  the  map  attached  to  Mr.  J'.ancroft's 
Memorial  shows.  The  Hosario  Straits  tire,  by  the  evi<lence  of  that  map 
ill  the  respects  here  mentioned,  as  much  entitled  iis  the  Canal  de  llaro 
to  lie  logardeil  as  thi'  dividiiijn;  chiuinel  between  the  Continent  and  the 
Uliiiid.  r»ut  the  ipiestion  must  be  referred  back  to  the  time  of  the 
Treaty,  and  then  the  Kosario  Stiaits  will  be  the  dividing  channel,  as 
liciiig  the  ordinary  track  of  vessels  jisissing  u[»  and  <Iown  on  the  waters 
lying  between  the  isliind  .md  the  main-land. 

;viii.)  Mr.  JJaiuaoft  (page  L'7)  foumls  an  argument  on  the  word  ''south- 
•  rly:"  but,  as  to  this  expn'ssion,  there  seems  litth?  room  for  discus- 
Moti.  It  is  evidently  used  in  ;i  large  Jind  loose  sense,  as  contrasted  with 
;iliiie  carried  westwiird  to  the  Pacilic.  or  detlected  northward  up  the 
tliilf  of  (ieorgia.  This  is  the  more  evident  when  it  is  observed  that, 
"U  a  strict  constriurtion,  the  word  is  applied  to  the  (rontinuiition  of  the 
line  tliroiigh  the  Straits  of  J-'iica,  where  its  <lirection  would  in  fact  be 
ocsteily,  or  vxvu  in  part  northwesterly. 

i\.)  Mr.  Jbincroft  further  says,  (page  L'.'^:) 

111.'  'Ircalv  coiitt'iii]ilatcs  a  coiitiiiiioiis  cli.'iiiiii'l  to  tlic  I'acilii';  tlic  clianiicI  of  llaro 
.11.1  Fiua's  Straits  form  siicli  a  conliiiiioiis  cliaiiin'l,  and  a  glance  at  tlw  ma|)  w  ill  .sliow 
that  no  otlicr  cliaimd  can  juftcnd  to  do  so. 

Ml.  ManerolVs  map  speaks  for  itself;  it  is  dinicult  to  see  on  it  a 
iii^ilier  dcgict^  of  continuity  in  the  Canal  do  Haro  thiin  in  Kosario 
^'liiils.  In  fact  tlu^  waters  ptissing  southerly  through  the  liostirio 
Straits  are  derived  from  the  <lulf  of  (ieorgia  alone  ami  uninterruptedly, 
^\liile  the  Canal  do  JIaro  is  in  the  southerly  direction  siijiplied  only 
partly  imd  indirectly  by  the  wati'is  from  the  soutlu'ru  termination  of 
tint  (itilf  of  (ieorgia,  and  partly  and  nnu-e  dire(;tly  from  th(^  wtitera 
'lowing  through  the  passages  b«'tw«'en  Nancouver's  Island  a'ld  the, 
ut-'hipelagd  oil"  its  eastern  coast.     This  is  obvious  on  the  map,  and  is 


ww^' 


•>  1  •> 


NOHTHWKST    WATKU    lUKNUAKV    AlfHlTlIATlO.N. 


e<)iiliiiiu'«l  Ity  «>l)se]  vation.    The  flow  of  an  inti'iiiiiitrd  ImkIv  <»r  wat 


•IT 


fioiii  tlio  (liilf  of  (Icoi'^ia  tliroiijih  tlic  Kosaiio  Straits  cai 


•T 


Isc: 


U 


[18J      iiiarkcd   i«';>iilarity  of  (Mini'iit  in    *tliat   passaj^c,    wliiN*  in  the 
Canal  do  llaro,  on  the  contrary,  tin*  «;nrr«'nt.s  an*  iir«';;nlin'.  tin- 
waters  llowin};  into  it  Ijeinj;'  l)i'oken  and  disiwrscd  by  tin'  islands  in  ainl 
neai'  its  in)i'tlH'rn  <'ntran<;i'. 

(x.)  Mr.  JJaneroft  lalxus  the  p.  int  (pajic  L'S)  that  th(^  naiiu'  Kosaiio 
►Straits  was  not  ^ivcn  till  of  lat«*  to  tiie  channel  thronfih  whicii  Van 
con\^'r  sailed.  Jler  Majesty's  (lovennnent  are  not  concerned  to  disinitc 
this.  Hnt  they  have  iM)t  invente<l  tln^  luiine  of  Kosario  Straits  (as  Mi. 
JJancrroft  seems  to  think)  for  the  pnrposes  of  the  present  discnssion.  .\h. 
Archibald  Caniplu'll  {^ives  a  history  of  the  naiiu's  borne  at  dinonm 
times  by  the  channel,  eiidinj^  thns:  "It  is  now  [IS.")!)]  universally  called 
Itosario  Straits."  It  is,  in  tact,  calle<l  so  over  and  over  ajjain  in  United 
States  »»nicial  documents,  and  it  ha«l  been  named  Ifosario  Strait  (»n  tin' 
null)  of  the  United  States  Toast  Survey  (by  laeutenant  Alden,  United 
States  Navy,)  i)ublished  in  IS.YL 

(xi.)  Lastly,  Mr.  JJaiuroft  says,  (paj;'e  L".):) 

Xow,  flic  so-('iillc<l  stiaitsof  Kosai'io  lead  only  to  a  Soiiiid,  wliicli  Spaiiisli  voya;;ti-, 
rall«'«l  tin-  lia.v  ofSiinta  Kosa  ;  tlit-y  do  not  eonm-rt  with  l''Mea"s  straits,  which  ccaw;it 
the  sonthcastern  ]ironiontoiy  ol'  Vancouver  island. 

Her  Majesty's  (iovernnuMit  sid)mit  that  it  is  plain  that  Kiu-a's  Stralt> 
even  in  the  uujre  modern  and  restricted  .sense  of  that  name,  extend  to  tin- 
western  coasi  i>f  ^Vhidbey  Ishnul.  Formerly,  they  u.sed  to  be  consideicd, 
at  least  by  numy  persons,  including;  Mr.  (lr«'eidiow,  as  sweepin;;  nminl 
to  the  ninth  and  northwest  throufjh  the  archipelajio  which  lies  i)e 
tween  the  Cantil  de  Han*  and  Kosario  Straits,  and  as  includiii}^  in  tlieii 
waters  both  those  itassaj;es.  On  (plumper's  nuip,  indeed,  the  eastern 
most  part  of  the  Stniits  is  m  vrked  Seno  de  Santa  Ivosa.  I'.nt  that  map 
(the  earliest  extant)  is  a  very  imperfect  representation  of  the  land  and 
water  of  the  «listrict,  and  the  name  of  the  Jlay  of  Santa  Rosa  nevd 
jjppears  a<,'ain  ini  any  nnip  known  to  Her  Majesty's  (lovernment. 

.M.  In  connection  with  this  bram-h  of  the  subject  Her  Majesty's  (lov 
4'rnment  th'sire  to  j^inird  against  an  ernu-  that  might  be  caused  bv  tin 
nnip  iittached  to  Mr.  IJancroft's  Memoritd,  (which  may  be  taken  as  a 
siimple  of  the  most  Jiiodern  maps.)  This  map  n'pre.sents  a  state  ui 
geoyntphical  and  hydrographical  knowUMlge  very  ditVerent  from  tluii 
which  «'xisted  at  the  date  of  tin*  'I'n'aty.  In  i)ne  rcspe<'t  this  consideia 
tion  is  of  grciit  importance.  The  islands  shown  on  this  nnip,  fiutiiiii;;;! 
chain  along  the  eastern  coast  of  N'anconvei's  Island,  named  (ialiaim 
Isliind,  Mayne  Island,  Samuel  Island,  and  Saturna  Island,  were  at  the 
diite  of  the  Treaty  siippo.sed  by  both  ('ontracting  Parties  to  l»c  \t:\\\^ 
of  N'aneoiiver's  Islaml.  A  compiirison  of  maps  of  the  date  of  the  Treat) 
with  maps  of  the  present  day  will  slntw  this  conclusively.  Her  Majest/^ 
(lOvernment  adopt  the  words  of  Mr.  Aichibald  ('am[»bell : 

None  of  the  nni)>s  cxt.'inl  at  that  day  [tiie  dale  ol'  the  Treaty)  |>resent  a  perlViir. 
corrt!cti  idea  oftlH'  space  hciwccn  the  continent  and  Vani'oiis  n's  Island,  at,  iiinl  iiiini' 
dialely  south  of,  tile  rorty-ninlh  ]iarallel.  'i'lie  .Straits  of  I'lica  and  tiie  Arclii|ii'l;i: ' 
east  of  till-  (.'.inai  de  llaro  are  fairly  enonj{h  rc|»i'esciiled  ;  hnt  hetweeii  tile  llaioAnli 
itela^o  and  the  foi'ty-nintii  |iaraliel  the  space  is  inaccnrateiy  I'cpi'esentcd  as  iVcc  ti>'i>: 
islaiuls,  and,  eonset|iientl,\ ,  with  hnt  a  single  channel  hetweeii  the  coiitiiieiit  anil '>»' 
•••nvj'i's  Island.  'Ihe  siiiveys  made  siii»sc<iiicntly  to  tlie  coiiclusioti  of  the  'I'loatv  -li"" 
that  what  wa.s  laid  dmvn  hy  the  early  Spanish  iiavij;atois,  by  Vancouver  and  hy  \\  lll^l^ 
lis  the  cjwlein  coast  of  N'aiicoii  vers  Island,  is,  in  ia<l.  the  coast  of  an  exfeiisivi- aulir 
{lehitro  skirting  the  shoie  of  the  iiiain  ixhiiul  iK-twoeii  latitude  |r^    47'  and  VJ    l". 

Now,  Her  Majesty's  Government  sidunit  it  to  the  Arbitrator  as  acltui 
piopositiun  that  the  Treaty  is  to  be  int«'rpr«'te«l  uecordinjj^  to  the  emu 


riox. 


SKCONU  AMI  DKirMIIVK  STATF.MKNT  OF  (JK'KAT  I'.KITAIN.     'Jl.'J 


I  IkkIv  <»r  water 
straits  Ciiiiscs  a 
I',  wliiU'  ill  the 
•c  irit'^iiliir.  tlic 
V  isliituls  ill  iiiitl 

{'  iiaiiic  Ikosaiio 
iikIi  wliich  Van 
i'IikmI  to  «lisi»iiti' 
i>  Straits  (as  Mr. 

(liscus.sion.  Mr. 
•me  at  «lin'eii'iii 
iiivorsally  called 

aj^aiii  ill  I'liittMl 
lio  Strait  ttii  llie 
t  AUlt'ii,  riiitci! 


Ii  Siiaiiisli  viiya;;ii> 
ail.s,  wliich  (caM:!! 


t  Fiica'.s  StraitN 
lie,  c'Xtoiid  to  till' 
to  bo  coiisidcnMl. 
sNV('«*piii;i'  roiiml 
o  wliicli   lit's  1)1' 
iicliHtiii;;;  in  tlicii 
f'cU,  tlic  eastern 
.     iiiit  that  iiiiip 
of  the  hiiiil  ami 
aiita   Kosa  never 
veninieiit. 
r  Majesty's  (im 
>e  ean.sed  hy  tin 
y  lie  taken  as  a 
seats  a  state  di 
eieiit  Tnun  tlial 
t  this  eoiisiileia 
I  map,  I'oriiiiii;;  i 
iiaineil  (ialiaii*' 
and,  were  at  ili<' 
rties  to  i>e  palt^ 
ite  oftlu'  Tivat,\ 
.    lleiMajcst}'^ 
"U: 

)  preMelll   a  pel  lull 

liiiiil.  at.  anil  innii' 
mil  (lie  .Vicliii»l:i: 
eeli  tlie  llaro  Anli: 
■eHellted  as  free  ll"ii: 
(•(nitineiit  ami  '>•»" 
of  tlu)  'rroaty  -li"" 
iiveniiMlli.v  \VilKi-. 
Ill  ext«'nKJve  aulir 
«7' aiul  111    !"• 

itrator  as  aflfi" 
ilinL'  to  the  i'"'i" 


l!ij  iiion  knowh'djie  and  niidei*staiidiii}i:  of  the  Contraetiny-  Parties 
at  th<'  time.'  flierefore.  in  jnohJiiyiiij;  tlie  forty-ninth  parallel 
to  the  mi(hne  of  the  channel  between  thi;  Continent  and  Vancouver's 
Island,  iind  in  drawin;;  the  ntid-ehannel  lino  southerly  therefrom  to 
luoa's  Straits,  tin*  Arbitrator  will  have  to  «!Oiisider  the  ehanni'l,  at  and 
iiiniiediately  to  the  .southward  of  the  forty-ninth  ]>arallel,  as  bounded 
on  the  west,  not  by  the  eastern  coast  of  N'anconver's  Islaml,  as  now 
iscertained,  but  by  the  broken  line  of  coast,  which  is,  in  fact,  foriiu'd  by 
the  eastern  shores  of  (iaiiaiio  Island  and  the  other  islands  of  that  chain. 

.!."».  With  refen'tice  to  maps,  another  <listinctioii  re(|nires  notice.  The. 
Miaj)  spoken  of  as  Wilkes's  ma]>  of  the  ( )re<i(Hi  Territory  (an  extract  of 
which  is  Mr.  llancrott's  map  V)  is  merely  a  ma|».  in  the  or<linary  sense, 
,iiiil  is  not  a  chart  with  somidiiijis  marked  or  <»thi'rwi.se  adapted  for  i)nr- 
]iiises  of  navij>ation.- 

.'.(1.  ,"Mr.  Ilaiicroft  speaks  (payc  L'S)  of  tin-  place  of  a  j>ai ticiilar  name 
••()/(  <  nrii  iiKijt  usrd  III/  tlir  iKfinfidtois."  Who  are  meant  by  tin*  iic;;otia- 
•iii>  lines  not  appear.  In  (he  ordinary  sense,  the  negotiators  were  Mr. 
I'.iUriiliaiii  and  Mr,  I'.nchanan.  Their  is  no  evidence  known  to  Her 
Majesty's  Ciovernnient  of  any  ]iar'icnlar  map.  or  of  any  map,  havin;: 
iiecii  used  for  the  piir|)oses  of  the  iicLiiitiat inns  which  issued  imme<li 
.ilely  ill  the  Tii'aty  .  There  wasainaj)  belbre  Mr,  I'hcrctt  and  liord  Aber 
ilei'ii  in  one  of  their  cnnversations.'  but  what  map  does  not  appear,  Mr. 
M.icLiiiie,  it  would  seem,  used  Wilkes's  map,'  but  there  is  no  evidence 
iiial  lie  and  Lord  .Mu'ideen  tnyclher  referred  tn  that  or  any  other  map. 
AsrcjL^ards  Lord  .Mierdeeii  him.seli',  he  pioltably  used  \ancon\»'i's  chart, 
iiiit  it  would  rather  seem  that  he  did  not  ;;i\e  mmh  attention  to  a  map 
ill  the  matter.  In  his  iiislriietioiis  to  .Mr.  I'akenliam,' he  mak(>s  a  slip 
II  iisiiiiL;  t he  iiaim'  of  Kiii;i'  ( ieor;;e'.s  Sound,  an  obsolete  name  loi'  Nootka 
Niiiiid.  instead  of  the  (liilf  of  <  icor^^ia :''  and,  in  his  statement  to  Lord 
liiliii  liiissell  in  is."")!t/  he  says  it  was  the  intention  of  the  Treaty  to 
iiliipt  the  mid  channel  of  tiM>  straits  as  the  line  of  demarkat  ion  without 
;iiiy  reference  to  islands,  the  i)osition,  and.  iinh^'d,  the  very  existence  of 
"liicli  (he  adds)  had  hardly  at   that  time  been  ai-ciirately  ascertained. 

Mf.  Itanerol't  says,  (liajje  ."> :)  "  .Since  tlie  intent  inn  of  flu  ne^roti.'itoi's  innst  rest  on 
'iir  knowitiliri'  in  their  )(nHsi'.ssioii  at  tile  time  when  the  'I'rea^y  was  maile.  I  siiall  use 
ilir  I'li.'ii'is  anil  ex|iloratii)n.s  whieli  have  ailv  aneeil,  or  profess  to  have  atl\  aneeil,  our 
Kiiiivvji'il^r).  i,(°  III,,  riinnliy  in  ipiestion,  anil  w  liieli  are  anterior  to  that  date." 

■  Tiieii'  was  no  eliail  issiieil  with  the  Narrative  ot  the  I  iiiteil.States  l'',\)iloriiiir  Kxjie- 
ilitiiHi.  miller  Lieutenant  Wilkes,  as  |iart  of  the  atlas  eoiineeteil  with  it,  or  otherwise. 
Iiiilctil.  no  eliart,  show  iny  the  surveys  of  lluit  I'.xpeilition  in  the  <  Irejfon  region,  ajipears 
tn  have  hiTii  |Mililisheil  np  to  the  time  of  tin-  eorrespoiiileiiee  het  with  Mr.  Itaneroft  anil 
l.iiiil  I'ahiierston  in  .Inly  to  .N'oxeniher,  Is-Js,  Appeiiilix   No.  I. 

Aliiivr,  paraj{raph  l'.l.(viii.) 

Almve,  para;;rapli  !".•,  ( ii.) 

llistorieal  Note.  )>.  xii. 

Mr.  .\rehilialil  Camphell  remarks  on  this  point:  "  Lord  .Mierileen,  in  iraein^  the 
l"iiiiiilary  line,  follows  tlie  forty-iiintii  paralh't  to  the  sea-eoast  and  detleels  'tlienee  in  u 
-iiiiilii'ily  direetion  throiijjh  the  center  of  hiiiii  Unn-iii's  Sound  and  the  .straits  of  I'licii 
to  the  ocean.'  On  either  of  the  aeeompanyiii;;  tracings,  and  indeed  upon  any  map  of 
tile  northwest  coast,  we  may  look  in  \aiii  for  '  Kin;;  (Jeorj^e's  .Sound '  between  the  Con- 
iiiieiit  and  Vancouver's  Island.  This  mistake  is  not  so  readily  acei<iinteil  tor  as  .Mr. 
.Macl.aiii's  in  rcy;ard  to  IJireli  May.  as  the  name  is  nowlnMi-  to  lie  found  on  Xancoiiver's 

'iiait.  which   is  s;iid   to  have  I n  used   hy  the  Mritish  I  iovernitient  in  refercnee  to  the 

'valcr  Imiindary.  '  Km;;  (Jeor^je's  .Sonnd'iH  the  name  that  w;is  ;;iven  in  177"'.  Ity  ('iip- 
taiii  Clink,  to  Nootka  .Smind.on  the  western  coast  of  N'ancoiiver's  Isl.-ind,  lietweeii  laii- 
"iili  r.i  aiid.'iO  .  The  iiaim' was  never  much  in  voj{iic. except  to  distin;;nisli  a  nieicaiitile 
^i^Miiiation  formed  soon  after  the  discovery  of  Nootka,  called  the  'Kinn  Ot'or^je's  Sound 
'iMiipanx.'  Tlnyi'  is,  liow-ever.  no  need  of  conjecture  as  tn  Lord  Ahi-idecn's  actual 
iii'aiiiii;{.     lie  simply  miscalled  the  tJiilf  of  (Jeorjjia." 

Ajtpeiiilix  No.  1. 


t 


WW 


214 


NORTHWEST    WATER    BOUNDARY    ARHITRATON. 


•$  ^ 


I':-! 


37.  Finally,  it  should  be  noted  that  the  fact  that  the  Canal  de  Jlain 
has  lonj?  borne  a  proper  name  on  the  maps  is  no  evideiM'e  of  thf 

|li(»J  superiority  of  that  passage  for  ])urposes  *of  navigation,  it  would 
seem  to  have  been  aecidentsilly  distinguished  by  a  name,  Im'Ioic 
and  at  the  date  of  the  treaty,  from  tiuMurcumstance  that  it  obtained  n 
name  (Canal  de  Lopez  de  Ilaro)  on  the  Spanish  maiiof  (^uimper's  (disci 
vations  of  the  Straits  of  Fxw.i  in  17110.'  But  it  was  little  known,  extciit 
by  name,  at  the  date  of  the  Treaty,  and  for  some  time  affer. 

38.  ller  Majesty's  (Jovernment  have  now  finished  their  examiiiatinn 
of  ]\Ir.  JJanerott's  jNIemoriai.  They  do  not  trouble  the  Arbitrator  witli 
any  remarks  on  sueh  parts  of  it  as  refer  to  the  Lecture  or  J'amphlct  ot 
Mr.  Sturgis,  the  observations  of  Mr,  IJates,  the  arti<*les  in  tlie(^uartt'ii\ 
Keview  and  the  ICxaminer,  and  other  matters  which  seem  to  them  to  liavc 
little  (if  any)  beiiriiig<Mi  the  <iiiestl»)n  to  be  decided.  The  interpretation 
of  the  Treaty  cannot  be  affected  by  the  pul»lic  discussions  which  preccdtd 
it,  nor  can  any  amount  of  unothcial  declarations  as  to  what  ought  to  In* 
done  be  evidence  of  what  the  ( Jovernments  of  the  two  countries  inti'iidtd 
by  the  Treaty  to  do. 

31).  Is'or  have  Jler  ]\rajesty's  (lovernment  thought  it  ne<essary  t(M\ 
amine  in  detail  the  i)assage  in  the  Menjorial  (page  23)  which  is  headcil 
"  riea  for  the  integrity  of  Sir  Kobert  Peel's  Ministry,"  or  the  correspond 
ing  passage  (page  31)  which  forms  the  (!oncluding  i)aragrapli  of  tin- 
Memorial.     Uer  Majesty's  (Jovernment  see  no  necessity  for  any  siuh 
plea,  and  no  ground  for  the  suggestions  in  the  passage  last  referred  to. 
The  characters  of  Sir  IJobert  l*eel  and  Lord  Aberdeen  place  them  beyond 
suspicion  of  having  acted  with  insincerity  or  duplicity  in  any  ]r.\v{  ot 
this  transaction.     Moreover,  the  fraidvuess  with  which  Lonl  AbenU'cn 
communicated  to  Mr,  MacLam>  the  project  of  Treaty,  in  which  no  incii 
tion  is  made  of  the  Canal  do  llaro  as  the  channel  thron   h  which  tin- 
boundary  should  run,  sutliciently  shows  that  Mr.  JNiacLanr  had  no  smv 
ground  for  his  surmise  that  the  Canal  de  Hunt  was  contemplated  In 
Lord  Aberdeen  as  the  boundary  chaniu'l,  or,  at  all  events,  was  so  at  tin 
time  when  Lord  Aberdeen  framed  the  i»roJect  of  Treaty. 

40,  The  Arbitrator  will  not  liiil  to  observe  that  the  explanation  gixcii 
in  this  Statement  of  the  mention  by  Mr.  MacLane  and  ,Mr.  iJentctii  oi 
the  Canal  de  Ilaro,  far  trom  involving  any  dishonoring  imputation.  i> 
entirely  ijonsistent  with  the  view,  which  Jler  3Iajesty*s  (lovernini'iit 
sincerely  entertain,  that  ]Mr.  MacLane,  and  all  those  who  in  any  degree 
represented  the  United  States  on  the  occasion  of  the  Treaty,  acted  with 
perte(rt  good  faith.  .Mr.  MacLane,  it  .seems  almost  certain, misled  hiniseit 
by  a  misajiplication  of  Wilkes's  map,  and  Mr.  Denton  was  misled  eitliei 
by  3Ir.  MacLane's  letter,  or  by  a  misapplicatitiii  of  his  own  geograpliieai 
knowledge,  or  by  both, 

41,  Iler  Majesty's  Covernment  then  submit  to  His  ^Majesty  the  Arl>i 
trator,  on  the  whoh'case,  that,  whether  he  looks  at  the  general  positioii 

of  the  two  nations  with  reference  to  their  claims  to  the  Orejioii 
[21]      district,  or  at  the  circumstances  atten<ling  the  *particular  traiisiK 

tion  which  issued  in  the  Treaty,  or  at  the  language  of  the  Treaty. 
he  will  be  led  to  atlopt  the  conclusions  of  ller  Majesty's  Governnu'iit. 

'  A  copy  of  this  iiiiii)  was  not  in  tlie  possession  of  Her  Majesty's  Ctoverninent  at  tln' 
time  of  Hie  ]irepuratioii  of  their  t'ase  presented  to  tiie  Arliitrutor  in  Decenilier,  1H71.  IV 
map,  wliich  seems  to  he  tiie  result  of  mere  eye-sketches,  isof  small  value  in  itself,  Itili- 
serihcs  itself  as  made  hy  (Jjiiimper's  "  primer  pi lot^o,"  (first  nnite,  or  muster.)  Don  (imi- 
/alo  Lope/,  do  lluro.  This  fai^t  may  uecoiint  for  tht;  promiiieiieo  givoti  to  the  eliniiiul 
Iiearing  the  name  of  llaro,  Unt  little  more  than  the  southern  mouth  of  the  ehaniiel  i>^ 
shown.  The  southern  entrance  of  Rosario  Straits  is  iiulistim-tly  shown  as  Uoin  tls 
Fi(lal)iii>. 


SECOND  AND  DKFINITIVK  STATKMENT  OF  GREAT  I5R1TAIN.     21  f)- 

4-.  His  ^Iiijosty  the  Arbitrator  has  been  ploased  to  takooii  hinisolf  to 
iniccitaiii  tlie  chainiel  of  the  Treaty,  on  the  faihire  of  the  Coinini.ssiouers 
appointed  by  the  two  (Joveiiiinent.s  to  aftiee.  In  the  execution  of  this 
task,  he  has  to  h)ok  at  the  state  of  things  as  tiiey  existed  at  the  time  of 
tlu' Treatj'.  lie  lias  to  determine  tliron*-'!!  whit'h  of  the  two  channels, 
ilip  Kosario  Straits  or  the  Canal  de  llaro,  the  line  oufjht  to  have  l)een 
drawn  by  ('ommissioners  appointed  for  the  purpose  the  day  after  the 
ixdiaufre  of  th(»  ratilications. 

4.'!.  The  considerations,  connected  with  the  hydrofjraphy  of  the  region 
iiid  with  the  history  and  existing  conditions  of  the  navigation  of  its 
waters,  on  which,  as  Her  Majesty's  (lovernment  sidnnit,  this  deternuna- 
noil  cannot  fail  to  he  in  accordance  witii  their  conclusions,  are  I'uUy  set 
forth  in  the  ("asc  presented  by  thenj  t(»  the  Arbitrator  in  DcM'cmber,  1871. 
The  channel  ot  the  Treaty  is  that  one  of  the  two  channels  in  (piestion 
nliicli  was  thr  main  navigable  channel,  as  known  an«l  used  at  the  <late 
ii'tlie  Treat\.     That  «'hann»'l  is  the  Kosario  Straits. 


i 


1P^" 


IlISTOIMCA  I.    N(JTi:.-ls  1  s    To    1  s  4  r. . 


IS  is. 

Ill  ISIS  iin  ii;;r('i'm('nt  was  conic  to  Itctwccn  the  (lovciiiiiicnt  ot  Ifis 
llritimiiii'  -Miijcsty  and  that  of  tlic  Tnitcd  States  respecting'  the  Itoiiinhirv 
line  between  the  llritish  anti  L'nited  States  territories  in  Noithwesteiii 
Aiiu'iica. 

It  was  aji'rced  in  siil)stan<'e  that  for  tiie  space  extendini;'  from  the 
I/,ilu'  of  tlie  Woods  westward  to  I  lie  K'ocky  (tiieii  caded  the  Sfony^ 
Mountains,  the  lMHindai\v  line  should  be  the  forty  ninth  paraMei  of  iiortli 
!,ititii(le. 

Witii  respect  to  any  couidry  tliat  niijiht  l»e  ehuined  l)y  eillier  |>arty 
.111  tile  northwest  coast,  westwartl  of  the  Itocky  Moiintains.  it  was  agreed 
iliiit  for  ten  years  the  same,  with  its  harbors  and  the  navi;;atioii  of  its 
rivers,  shoidd  lie  tree  and  open  to  the  vessels,  citizens,  and  siibje(;ts  of 
ilii'  two  Powers;  with  a  proviso  that  the  a^reeiiieiit  was  not  to  iircjndice 
my  claim  which  either  jiarty  nii.nlit  have  to  any  jiart  of  that  country. 

This  aj^reemeiit  was  embodied  in  a  Tieaty  made  at  Loinlon,  I'Otli 
October,  ]S1S. 

The  district  betw(>en  the  IJocky  Mountains  and  tlu'  I'acilie,  or  jiart  of 
It.  caiiH^  to  be  known  as  Ore^^oii  or  the  Orej^ou  Territory  or  district,  the 
iiiiiiie  beiiit;'  taken  from  the  Oregon  Kiver,  now  usually  called  the 
Ciiliiiiibia. 

The  northern  boundary  of  this  district,  as  it  was  in  «iuestion  betwr'cti 
tilt'  two  (jovernnients,  was  the  parallel  of  04°  40'  nortli  latitude,  beinjj 
till'  southern  boundary  of  the  Kussian  territory,  as  recofinized  by  Treaty. 
The  southern  boundary  was  the  iiarallel  of  42°  north  latitude,  beinjjthe 
northein  boundary  of  the  Spanish  territory,  as  reeo<>nized  by  Tn'aty. 

The  British  Plenipotentiaries  who  negotiated  tlie  Treat,v  of  1818 
acceded  to  the  arrangement  relating  to  the  country  west  of  the  Kooky 
Moimtains  in  the  lioi>e  that  by  thus  leaving  that  country  open  to  the 
ti'Hdeof  both  nations,  they  substantially  secured  every  present  advantage, 
while  renn)ving  all  prospect  of  immediate  collision,  without  precluding 
any  further  discussion  for  a  definite  settlement,  lu  their  Judgment  the 
American  Plenipotenti.aries  were  not  authorized  to  admit  any  territorial 
•  laini  of  Great  liritain  iu  that  quarter  to  the  southward  of  the  Straits  of 
I'liea,  although  the.y  would  have  consented  to  leave  those  straits  and 
tlio  waters  (u>nnecte(i  with  them  in  tlie  possession  of  (ireat  liritain. 


1824. 

ill  1824  negotiations  were  resumed  for  tin*  settlement  of  questions 
bt'tweeii  the  two  nations,  including  the  <iuestiou  of  the  boundary  west  of 
the  Rocky  Mountains. 

The  Jiritish  IMeuipotentiaries  contended  for  the  right  of  JSritish  sul) 
Jects  to  make  settlements  in  the  disputed  territory,  a  right  which  they 

'  Keferretl  to  iu  the  Stateniciit,  1111^0  2,  \mr.  :<. 


m 


w 


^^^mnm 


218 


NORTH WKST    WATKR    HOl'M»AKY    AKIUTKATION, 


iiiiiiiitainoil  was  dcrivi'vl  not  only  Troin  dist'ovciy,  but  also  IVom  iisc. 
[iij  occnpancy,  ami  scttli'mcnt.  Tlicy  proposed  that  Artie;!*!  Ill  •(,! 
tli(*  Treaty  of  London  of  ISIS  should  cease  to  have  elVe<'t,  and  tlint 
the  houtidary  line  west  of  the  Itoeky  Mountains  should  be  diawn  tin*- 
west  to  the  jjoint  where  the  forty  ninth  parallel  strikes  the  yi'eat  mtrtli 
easternmost  lirain'h  of  the  Oregon  or  Colundna  Itiver,  marked  <ni  tin- 
maps  as  M(!('iilli\  ray's  River,  thence  down  alonj;  tln^  middle  of  tlmt 
liver,  ami  d(»wn  alony  the-  middle  of  the  <)re;;(»n  or  Columbia  to  its  juih 
tion  with  thc)  I'acitic  <)<'ean. 

The  propiKsal  of  the  Tnited  States  IMenipoti'iitiaries  was  to  the  ctl((  i 
that  the  term  of  t«'n  years  limited  in  Article  111  of  the  Treaty  of  lsi> 
should  be  extended  to  ten  years  fiom  the  date  of  a  new  Treaty,  but  tliai 
the  rijjfhts  of  settlenu'Ut  ami  other  i  i;;hts  shoidd  be  restricte<l  dnrin^i  tin 
new  term,  so  that  the  citizens  of  the  United  States  shoidfl  form  no  stt 
tiements  to  tlM>  north  of  the  forty-ninth  ])arallel, and  that  Hiitish  subjcctN 
should  form  no  settlenuMits  to  the  south  of  that  parallel,  or  to  the  north 
of  the  tifty fourth. 

Terms  were  not  a;;iecd  on,  and  the  Conference  came  to  an  cml  in 
.Inly,  isi»4. 

ISL'd,    ISL>7. 

In  November,  ISiMi,  nejiotiations  weiea^^ain  resnnn'd. 

The  Cinte*!  State's  projiosal  was,  that  if  the  forty  ninth  parallel 
should  be  found  to  intersect  the  Orejjfon  ov  iMc(Jillivray's  ifiver  at  ii 
navipible  point,  the  whole  course  of  that  river  then<'e  to  the  occnii 
should  be  nnide  perpetmilly  fre«'  to  ]iritish  vessels  and  subje<*ts. 

The  liritish  I'lenipotentiaries  were  antb  ized  to  olf»'i-  that  it  tin- 
United  States  would  consent  to  the  C<»luml)ia  oeinji'  the  southern  Ibitisli 
frontier,  the  United  States  should  have  the  harbor  in  l>e  Fnea  Sti;iit. 
called  by  \'ancouver  Port  Discovery,  with  land  tiv«'  miles  in  brcailtli 
encircliii};'  it. 

Should  this  oiler  not  fully  satisfy  the  United  States,  the  llritish  IMcii 
ipotentiaries  were  then  authoii/.ed  to  exten<l  the  proposition,  sc)  as  to  in- 
clude the  cessi(m  by  (Ireat  Ibitain  to  the  Unite<l  States  of  the  whole 
peninsula  comprised  within  lines  descrilted  by  the  J'acific  to  the  west. 
l>e  FiH-a's  Inlet  to  the  north.  Hood's  ('anal  (so  called  in  Vanconvci"> 
charts)  to  the  east,  and  a  line  drawn  from  the  southern  point  of  Jlood"^ 
Canal  to  a  point  ten  miles  soutli  of  (Iray's  JIarborto  the  south,  by  wliidi 
arranj;ement  the  Unit<'d  States  would  ]>ossess  that  peninsula  in  exclii 
sive  sovereijjnty,  and  would  divid<>  the  i»ossession  of  Admiralty  Inlet 
with  (Jreat  Ibitain,  the  entram-e  beiny  tree  to  both  i»:irties. 

The  ncf^otiations  ende<l  in  a  Convention  dated  tJth  Auj^ust,  1S1*7.  Tlii> 
Convention  cimtinned  Article  III  of  tlu' Treaty  of  ISIH  indeliuitely.  lint 
with  power  to  either  party  to  put  an  end  to  it  on  twelve  months*  notice. 
(after  L'Oth  October,  I.Sl'S.) 

The  Convention  also  contained  a  saving  for  the  claims  of  either  partv 
to  any  part  of  the  country  west  of  the  IJocky  .Mountains. 

1 827-1  SI'J, 


I'l 


Ncf^otiations  on  tlie  Orefjon  (piestion  remaint'd  in  abeyanc*^  until  tlif 
special  mission  of  Lord  Asliburton  to  the  United  States  in  1842,  wlitti 
he  received  the  followinjr  in.strnctions  on  this  subject : 

Yttur  l(inlHlii[t  may,  tliiMolon'.  )iro|to.solo  the  Ooveriiincnt  of  t\u'.  I'liited  States,  ;i.-;» 
fair  aixl  e(|iiitaltl«-  »ilJiistiiu*Mt  of  tlii-ir.[tiH'  two  (ii>veruiiu'nts]  respective  elaiius.  a  lim- 


H'    to    illl    011(1    ill 


SECOND  ANI»  UKFINITIVK  SIATHMKNT  OF  (SHKAT  URITAIN.     21!) 

iiriioiuxliiiy  <'oiH)iit*iii'iii;;  at  tlic  iiioiitliut'tli)'  t'oliiiiihiii  HIvit;  tlii-iKc  liy  ii  liii<>  (li.iwii 
iildii^  tli<^  iiiiiUllc  (if  tliiit  riv(-r  to  its  iioint  of  ((iiilliiciicti  witli  the  (ircat  Snake  River  ; 
iliciice  by  a  line  carried  dntj  east  of  tin-  Rocky  or  Stony  Moiinlaiiis ;  and  tliciice  Ity  a 
jiic  drawn  in  a  nortlieily  direction  aloii^  the  said  mountains  until  it  strikcH  tlie  forty- 
ninth  paralltd  of  nortli  latitude.  'I'he  southeiii  hank  of  the  ('(duuihia  River  would 
jiii]  thuslx*  "left  to  the  AniericaiiN  and  tlKWiorlhern  hank  to  the  Kn^lish,  the  naviga- 
tion of  the  river  hein^  free  to  hoth.it  heiu);  understood  that  neitiier  |iarty  should 
iiinii  liny  new  settlement  within  the  limits  assi<;ned  to  each  mi  the  north  or  south  side 
t'  the  river  respectively. 

Sliiiidd  your  hu'dshi])  lind  it  ini|iracticahle  to  <ditaiii  the  line  nl'  houndary  ahove  de- 
.(lilicd,  Her  MaJcHty's  (lovcrnment  would  not  refuse  their  assent  to  a  line  <d' houndary 
riiiiiiiiencin^  at  tin;  Rocky  or  Stony  Mountains  at  the  |ioiut  where  the  forty-ninth  par- 
illi!  (if  m)rtli  latitude  stiikes  those  uuiuntaius  ;  thence  alon;;  that  |iarallel  to  the  point 
(\li('r(>  it  strikes  the  irreat  northeasternmosi  hrancli  of  the  (dluinhia  River,  nuirked  in 
ilic  iii.'ip  as  Mctiillivray's  River  ;  thence  down  the  middle  of  that  livcr  and  down  the 
iiii(hlic  of  lh(<  Coluinhia  River  to  its  j  met  ion  with  the  ocean.  Hut  your  lordship  will 
KJt'ct  the  )iro|iosal  tormcilv  uuuhMiy  tht^  Anuiican  (iovernmeut,  in  case  it  should  he 
r('|ii'alcd,  of  following  the  lorty-iiinth  parallel  of  latitude  fioin  the  Rocky  .Moiiiitaiiis 
;ii  till' <  •ceaii.  as  the  houndary  of  the  territ(U'y  of  Ihe  two  Slates. 

It  the  (iovernineiit  of  the  I'liitcd  Slates  should  icliise  the  proposed  coiniiroiiiise,  and 
>liiiiilil  iieverlheless  deleriniiie  to  annul  llii!  ronveiition  of  1^*27,  the  rights  of  the  Itrit- 
<li  (iiivcrnineiit  to  the  whole  of  the  terrilory  in  dispute  must  he  coiisiih-red  as  iiniin- 
iiainid. 

Tlii.s  inis.sioii  ivsnlt«'«l  in  tlic  Treaty  «>f  \Vasliin}jt<»ti  of  1>tli  Aii{,'ii.st, 
1S4L',  wliicli  contained  no  airanjjenient  le.spectin;;"  Oregon.  The  main 
icasoii  tiiat  induced  Lord  Ashbuiton  to  abstain  t'roin  proposing;'  to  carry 
(III  tlie  discussion  on  this  sultjcct  was  tlie  apprehension  tliat  thereby  the 
M'ttlement  of  tiie  far  more  important  matter  »>f  the  Northeastern  bonnd- 
an  niijulit  be  imi)eded  or  exposed  to  the  hazard  of  faibire. 

ISI.!. 


of  either  iiiirt\ 


111  Ati}>nst,  1843,  Mr.  Fox,  Ih'r  ^lajesty's  Minister  at  Washinjjton, 
wii.s  asked  whether  tlie  Cnitetl  States  (iovernment  were  taking;'  any 
steps  in  fnrtheran«'e  of  the  Orejyon  ISonndary  ne*;()tiation,  and  to  state 
that  Her  3Iajesty's  (i«)vernment  were  wiiliiif;'  to  transfer  the  iK'tiotiatioii 
to  Wiishinjjton  should  the  United  JStates  (Jovernment  object  to  London. 

In  ()<toi)er  instructions  were  sent  to  ^!r.  Everett,  the  United  States 
Minister  in  London,  to  treat  with  Her  3Iajesty's  (Iovernment  for  the 
ailjiistment  of  the  Jionndary.  In  the  mean  time  Mr.  J'akenham  had 
lit'cn  appointed  Her  Majesty's  Minister  to  the  I'nited  States  in  succes- 
sion to  Mr.  Fox.  iJefore  his  apjiointment  had  been  jia/etted,  JNIr.  lOverett 
iironiied  Lord  Aberdeen  orally  that  he  had  receivetl  junvers  to  nej-otiate 
tiio  Orej^on  tpiestion  in  London.  Lonl  .Vberdeen,  however,  state<l  to 
liim  that  a  new  ]Minister  had  already  been  appointed  by  Her  Majesty  to 
in';iOtiate  at  Washington. 

In  consetpience  of  this  arranf-ement  the  neootiat ions  were  removed  to 
Wii.sliinoton,  and  Mr.  Everett  stated  in  a  dispatch  to  his  (i(>veinment' 
tiiat  he  would  use  his  best  eflorts  to  products  such  an  impres.sion  on 
I'Onl  Aberdeen's  mind  as  to  the  prominent  points  of  the  (picstion  as 
iiiijilit  have  a  favorable  influence  in  the  preparation  of  the  instructions 
to  be  };iven  to  ^Ir.  Pakenham. 

In  an  interview  with  lionl  Aberdeen,  Mr.  l^verett  ur<;etl  that  the 
i'onndary  should  bo  carried  idonj^  the  forty-ninth  ))arallel  to  the  sea. 
l-ord  Aberdeen  said  thtit  this  proposal  had  been  made  in  ]S24and  IS2(5, 
ami  rejected,  and  that  there  was  no  reason  for  believinfj  that  this  conn 
try,  more  than  the  United  States,  would  then  agree  to  terms  which  bad 
Iteon  previously  declined,  and  that  couse<iuently  there  must  be  conccs- 


'  Appendix  No.  ]U  to  Mr.  Haiicroft'ti  Memorial. 


np'W'"^ippp" 


220 


NOKTIIWK.ST    WAIT.U    IKd'NDAHV    AKUITKATION. 


m 


sioii  on  both  siil«'s,  on  \v1ii(;li  piinciph'  Lord  Ahcnlccii  <'.\|M'(>ssim1  lijtiisclt 
uillin;;  to  iict. 

Ill  l>4>c(>iiilK>r  Mr.  Piikciiliiuii  was  aiitliori/cd  to  roopcii  ii«'^oti;itioii> 
at  Wa.sliiii<ftoii  on  tin'  Oii'^ioii  (|in'stioii.  Ilr  was  dircctcil  to  iiiakv  suli 
staiitially  ilic>  saiiir  proposals  tor  tlM>  scttlcinnit  of  tlic  hoiinilai-y  as  limi 
Itri'ii  inailc  liy  (iicat  liritain  in  1<Sl.M>. 

II4^  was  aiitliori/<Ml  to  add,  should  that  pro])ositioii  lio  t'ouinl  to 

[iv|       lu'  iiinM'c«'ptal)N',  that  *ll('r  Majesty's (lovciiinn'iit  wonld  he  willinn 

to  coiivci't  into  a  IVih'  port  any  harbor,  cither  on  the  main  land  m 

on    N'anconvcr's   Island,  south  of  the  forty-ninth   ]>aralh'l,   wliirli  iIh' 

Initrd  States  (loverniiu'iif  nii^iht  «h'siie. 

I'liither,  if  he  should  think  that  theextension  of  the  |>rivile<^(>  woiilil 
lead  to  the  linal  adjiistineiil  of  the  ipiestion,  he  was  aiithori/ed  to  di' 
i'lare  that  Ib'i'  Majesty's  ( loverninent  wonld  be  willing  to  make  all  tln' 
)»orts  wit  hill  I  )e  I'liea's  Inlet,  and  south  of  the  forty  ninth  parallel,  lice 
jiorts. 

Should  these  proposals  be  reji'eted,  he  was  then  to  propose  that  tin- 
whole  (|iiestion  should  be  referretl  to  the  arbitration  ol  a  friendly  Sii\. 
erei;;n  State. 

In  the  e\eiit  ol"  the  I'nited  States  (loxernmeiit  refiisiii}"' to  aiiicf  t>i 
arbitration,  In^  was  then  to  jnopose  that  the  Treaty  of  IS1S-L*7  slidMij 
be  renewed  for  a  further  ju'iiod  of  ten  years. 

In  thee\«'nt  of  nejiotiations  lieiiiy  broken  olf,  he  was  then  to  derlar. 
to  the  I'nited  Stales  (lovernmeiit  that  ller  Majesty's  (lovernmeiit  siil! 
asserted  and  wonld  maintain  an  eipial  rijiht  with  the  I'nited  Stiitc- 
to  the  (»e(iipalion  of  the  whoh'  of  the  territory  in  dispute,  and  lliat  ;i> 
ller  -Majesly's  (lovernment  wonld  carefully  and  seriipnioiisly  absinin 
and  <'anse  ller  .Majesty's  snbjeels  to  abstain  from  any  act  whieli  iiiiuiit 
be  justly  considered  as  an  encroachment  on  the  rijihts  of  the  I'liitnl 
States,  so  they  expo«'ted  that  the  (lovernmeiit  of  the  I'liited  Stato 
wanld  exhibit  and  enforce  on  their  ]>art  an  eipial  forbearance  witli 
respect  to  the  rijuhts  of  (Ireat  IJritain,  which  ri^xhts,  belie\  iiii;  them  to  In 
just,  (Ireat  IJritain  wonld  Ik*  piepared  to  defend. 

1844. 

In  February,  1844,  Mr.  Pakenham  adilressed  u  not»^  to  the  I'nited 
States  Secretary  of  Stat*'  i)roposin}j  a  renewal  of  the  nepitiatioiis. 
which  jiroposal  was  favorably  receiveil  by  him. 

On  L'liinl  Anjiust,  jNIr.  I'akenhnin  received  a  iMititicatiou  from  Mr 
('nllioun,  then  tlie  Secretary  of  State,  that  he  was  jirepared  to  pntcet'il 
with  the  nejjotiation. 

At  Ji  conference  on  the  LMIth,  Mr.  Pakeidiam  laid  before  Mr.  (^allMHin 
the  pro|)osal  authorized  by  his  instructions  relative  to  a  free  port  eitlici 
on  the  mainliind  or  on  Vancouver's  Island  south  of  the  forty  iiintli 
jiarallel. 

Thisi>roi)osal  wasdecline«l  by  ?ilr.  Calhoun,  lie  afterwanls  presoiittMl 
a  jiajier  (dated  September  .">)  statin;^  his  reasons.  The  paper  ht';:aii 
thus : 

Till'  l'iHl('rsi;»ii('(l  Anu'riean  Pli'iiipDtt'ntiuiy  dfcliiich  tlie  piopimtil  of  tlm  Itritii'li 
IMtMiipotentiiny,  on  flu-  jtroiiiid  tliat  it  wonld  linvc  tlir  cHcct  of  ifstri<tlii>{  tlie  itossi"* 
>*ions  of  tilt'  I'liited  Stiites  to  liiiiiiH  far  more  eirciiiiiKcrihed  tliiiii  tlieir  cjaiiim  cli'arly 
«'iititle  tlu'iii  to.  It  pi'opoNe.s  to  limit  tlitdr  iiortliern  lioiiiidary  liy  a  line  drawn  Irom 
tlie  Kocky  MonntaiiiN  aloiij;  llie  foity-iiiiitli  )iarallel  of  latitude  io  tlie  iioitlu'iisftrn 
most  liraiieli  of  the  ('(diniihia  Kiver,  and  thence  down  the  middle  of  that  river  t"  tin' 
si'a,  jtivin;;  ti)  (Jreat  liritain  all  the  country  north,  and  to  the  I'nited  States  all  mmtli 
of  that  line,  except  a  detached  territory  oxtendinjj  on  the  Tacitic  and  the  Sti:iitsoi 


sK((»Ni>  AM»  nr.i'iMTivi:  si\ri;Mi;.\T  or  (iiM'.A'r  iiimtain.    'JiM 


fiica,  I'nnii  KnllliticirM  Ifaiitoi'  to  llmiirH  Canal.  To  wliirli  il  is  |ir<)|itisiMl  in  ailililimi 
M  iiiakr  tVi'i'  til  till-  I'liiti'tl  St  a  It's  aii>'  |it>i  t  \\  liirli  tlii'  I  iiitiil  Slati^i )  iovi'i  iiiin'iit  nii^ilil 
loii'iM'itlu'i'  (III  III)'  iii'.iii-laiiil  or  mi  Naiirmivfi's  l»laiiil  noiiiIi  nl'  latiduli'  I'.i  . 
Ily  tiii'iiiii;;  til  til)-  iiia|i  lirrrln  aiiiii'M'il,  anil  mi  wliicli  tlii'  |iiii|iii»i'il  limiiiilar,\  i» 
::i;ii'ki'il  in  |iriH'il.  it  will  lii>  smi  that  it  a.isi^iiH  In  tlirat  Mritain  aliiin.xt  tlir  rntiii' 
ri'ciiHi  on  its  nmtli   >>iili<  ilraiiii-il    li\  tin-   Culnniliia   ikisri.  ami   l,\  in;;  mi  its  nmtlii'in 

'.ink,      It   is  not  iln'llll'll  llrrrssaiV  til  statr  at   lai;;i'  tlir    riailns   of   lllr  I'nitfll  Mates  III 

liii  trriitiU'V',  anil  I  lit'  ^rminils  on  wliii'li  tln-y  I'rst.  in  milri'  to  inaki-  i^ooil  llir  asHi'iiimi 
;liat  It  irsti'irts  llic  )iiiHsi's.sioiis  of  tlic  riiili-il  Stairs  within  nanowci' liminils  than  tlicv 
iiirliiiil.v  I'lititlt'd  III.  It  will  III'  sntliiiint  I'm  tlii.s  purpose  to  show  that  they  are 
Liiijy  enlltleil  to  the  entile  l'e;;ion  (ll'llilieil  liV  the  l'i\el  :  ailil  to  the  eHtalilishlllellt 
iil'tilis  |ioilit,  the  ril(lersi;r||eil  |iropoNes  a('i'iiri|iii:;ly  to  limit   his  remarks  at   |>l'esellt. 

Tilt'  piipci"  piocetMUMl  with  arj;tnn«'iits,  aiul  cMuloil  thus: 

\|  '  Siieli  ant  oiir  elaiiiis   to    that    |iiii'tion  ol'   thi^  ten  itmy,  ami  the  ;;ioiimls  on 

wlli«'ll  they  rest.  The  rmlersi^lieil  helieves  them  to  lie  well  I'mimletl.  ami  tlllsts 
that  the  llritish  rieiiipoleiitiaiy  \>ill  see  in  thelii  siitlleieiit  leasoiiN  why  he  shmilil  de- 
lliH'  liis  proposal. 

rill'   l'mlersi;rneil    I'leiiipoteiitiary   aliHtiiiiiN,  l'o>    the   present,  t'rmii   )ireseiitiii;;  the 
laiiiis  which  the  Cnileil  Stales  may  have  to  other  |<.>riions  of  the  territory. 
Tlie  I'mlerNi^^iieil,  iVe. 

Ill  answer  to  this  statoiiicnt,  Mi'.  I'akciihaiii  ihlivcicil  a  pap<T(inaik(Ml 
l),aii(l  tlatt'd  HcptiMiiluT  IL')  of  whiih  it  is  siini(;i»'iit  foi"  thi*  piv.st'iit  pur 
[lose  to  state  the  coueliuliiiy  passap'S  : 

111  line,  the  |in>sent  state  of  the  i|iiestioii  helweeii  the  two  (•oveniments  appears 
III  lie  this;  (Sreat  Itritaiii  possesses  ami  exeii'ises,  in  eoinmoii  with  the  I'liited  ."slates, 
,iri;;Iit,  of  Joint  oeeiipaiiey  in  the  Oregon  Territory,  of  wiiii-h  ri;;lil  she  can  lie  ilivesteil, 
Hith  respect  to  any  part  of  that  ttui'tory,  only  hy  an  ei|nitalile  partilion  of  the  whole 
lirtweeii  the  two  I'owers. 

II  is,  for  ohvioiis  reasons,  ilesiralile  that  such  a  partition  slimihl  take  place  its  soon 
IS  poNsilile,  ami  the  ilinicnlty  appears  to  he  in  devising  a  line  of  deinarkation  whieli 
>!iall  leave  to  each  party  that  precise  portion  of  the  territory  liest  suited  to  its  interest 
mil  (■(iiivciiiemie. 

Tlieltritish  Govertiineiit  entertained  the  liop»(  that  liy  the  ]iroposal  lately  siihinitted 
for  the  consideration  of  the.  American  (iovcrnnieiit,  that  oliject  would  have  been  accom- 
|ilislii'd.  According  to  the  arran^emeiits  therein  conteinplated,  the  Northern  Hmindary 
III  the  I'liited  States  west  of  the  Kocky  Mountains  would,  for  a  considerahh'  distaine, 
III' carried  aloiifr  the  same  )iarallel  of  latitmle  which  forms  their  Northern  boiindary 
nil  the  eastern  siiht  of  those  iiioiintains,  thus  unit  in;;  the  present  Kastcrn  Moiindary  of 
ilic  ()riMi;oii  Territory  with  the  Western  lioiiiidary  of  the  I'liited  States,  from  the  forty- 
iiiiitli  |iarallel  downwards.  From  tln«  point  where  the  -lit  of  latitmle  intersects  the 
iiiii'tlieastern  hrancli  of  the  ('oliiiiil>ia  iiiver,  called  in  that  part  of  Us  conr.se  .Mcliilli- 
uay's  Kiver,  the  proposed  line  of  boundary  would  be  alony^  the  middle  of  that  river 
'ill  it  jiiiiis  the  Columbia,  then  alon;^  the  middle  of  the  Columbia  to  the  ocean,  the 
ii;ivi;;utioii  of  the  river  remaining  perpetually  free  to  both  parties. 

III  addition  (Jreat  Hritain  olb-rs  a  .separate  territory  mi  the  I'acilic,  possessing  an 
■  Xdlleiit  harbor,  with  a  further  nnderstamlin;;  that  any  port  or  jiorts,  whet  her  mi  Van- 

iMiver's  Islaiiii  or  on  the  Contiiieiit,  south  of  the  forly-uinth  parallel,  to  which  the 
I'liiteil  States  ini;;lit  tlesire  to  have  access,  shall  be' made  free  ]iorts. 

It  is  believed  that  by  this  arraii^^ement,  ample  justice  would  be  dune  to  the  elainis 
III' the  I'nited  States,  on  whal;'ver  ;;roiiml  advanccil,  with  relatimi  to  the  <  >re;;mi  Ter- 
rildiy.  As  regards  extent  of  territory,  they  wmild  obtain,  acre  for  acre,  nearly  half  of 
till' entire  territory  to  be,  divided.  As  relates  to  the  navi;;ation  of  the  |iiiiicipal  river. 
ilicy  Would  (Mijoy  a  jierfect  eipiality  of  ri^lit  w  itii  (iieat  Mrilaiii ;  and.  with  respect  to 
lull liiiis,  it  will  be  seen  thattinrat  Jbitain  shows  every  disposition  to  iiinsiilt  their 
iiinveiiieiiee  in  that  particular. 

On  the  other  hand,  w'er<'  (ireat  llritain  to  .ibandmi  the  line  of  the  Coluinbia,  as  a 
Iriiiiticr,  and  to  surrender  her  ri;;lit  to  the  navigation  of  that  river,  the  prejudice  oc- 
casiiiiicd  to  her  bj'  such  an  arrangement  would.  Iieyond  all  jiroportioii,  exceed  the  ad- 
viuitaj^e  accruing  to  the  iriiitud  States  from  the  jio.s.sessiou  of  a  few  more  ,s<|uare  miles 
III' territory.  It  must  be  obvious  to  every  impartial  investigator  of  the  subject  that,  in 
iilliirin^  to  tlio  line  of  the  Columbia,  Great  Itritain  is  not  iiitliienced  by  motives  of 
aiiibitioii  vith  reference  to  extent  of  territory,  buf  by  i-ousiderations  of  utility,  not  to 
<ay  necessity,  which  cannot  be  lost  sight  of,  and  for  w lii<;h  allowance  oiiglit  to  be  made 
III  an  urrangeiueiit  profesHiiiK  to  bu  based  on  considerations  of  mutual  cunvunicuce  and 
iwlvaiitage. 

The  Undersigned  believes  that  be  has  now  noticed  all  tlie  arguments  advanced  by 
Ibc  American  Plenipotentiary  in  order  to  show  that   the  l.'nited  States  are  fairly  en- 


I 


IW 


^mmnmmmm 


•Itl 


NOKTHWKST    WA  IKK    HO!  NUARV    AKIUTKATK  >N. 


iitl4(l  til  »ln'  I'litiit!  I'-nior,  (Iniiiicii  Ity  flu-  rol'Miiliiii  h'ivfr.     Jli-  MiiuMrcly  i('j;i.  i>  -i,,, 
(heir  vi<'\VNoii  tliis  Hiilijri-l  hlii>'il<l  (lillVr  in  mi  isiiiiiy  tssnitial  n-sjiicls. 

It    ifiniiiiix    lor   liiin  til   ii'i|Mi'.'.|    tliat,  as  llii- AmniraM    rifiii|iiilcitti:ii-.v  tli-ilmi-i  ih, 
|ini|i(ital  iilVi'i'iil  nil  till'  ii.'U'l  III'  (iri-at  ISiitaiii,  lie  will  liavi'  tin'  •^nuilnrvN  to  >tatt 
airaiijii'iiunl  In-  is  mi  t!ir  jiiiit  nl'  llic  I'liil'Ml  Si;itcs  |n-.|i!iri'il  in  jirniKwr  Cni-  an  r 
Mr  ail  jii>t  nii'lil  nt' thr  i|iir'-l  imi  ;  and  nun  i' r'-|M'ri:il|y,  )  liat  lie  will  lia\«^  tlw  lciiii.'Ii 
ili'liiir  till-  Mat  Ml!'  .Mill  I'M  I'll  I  lit'  I  III'  ilaiiiiH  w  liicli  tin*  I  iiili'il  .<lali's  may  lia\i'  ti 


I" 


il  ii>ii>  III'  I  111'  111  lit"  \\ .  Ill  V.  iiirii  allii->ii>ii  IS  niaili'  in  l  lir  inni 


liiili 


part  of  lii^  -.i/ii 


iiii'iil .  as  il  is  iiliv  Mills  )  lial  nil  ai'ian^i'iiiriil  ran  lii'  niailr  with  ii'spiTt  In  part  nl'  tii 


I'  |.'. 


ntnrv  III  I 


lispiili 


.\\\\ 


V  a  riaiiii  is  !i'M'r\>'il  tn  aay  pnitiim  nl'tlM-  ii'inaini 


'I  III'   I    niirlsi^nril.  A  I 

jvij  *Ml'.  Ciilliouii  iIh'ii  |»rrs»'iit«'<l  ;i  |i;i))«'r.  (dalrd  Scptciiilicr  I'O.    n 

wliicli  ln'  siiUl  It*'  liiMl  r»'iiil  witli  attciitioii  tlu.  ciMiitcr  stalciiicni 

(»r  till'    llrilisli    IMriiipoti'iiliaiv,  liiit    witlioiit  wcakniiiin  lijs  «'oiilii|i-ii.i 


ill  tl 


\v  \'ili(lit\  oi   III*'  iiilo  ol   tii«>   I  nit<-<l  >>t<tti's,  aiiu,  aiti-r  arutiinrii 


COIK'llHil'll  1  litis : 

Till'  I  liil«'!si;iliril  raniiul  rniisfiit  In  llif  riili(lii>iiiii  1  o  \s  liirli.  mi  :i  I'l-virw  ii|' tli. 
wliiiii'  i;rmiiiii.  tlii'  rmiiit<'r--'tati*iiii'nt  aiiivi'--,  llinl  llii-  picscni  .stair  ni  iln«  i|tirstiiiii  |. 
that  (ileal  lii'itain  piisscsscs  ami  rsririsrs,  in  i  miininn  willi  tlir  I 'niti'il  Stales.  ;i  li;;!,! 
nl"  jnint  iirriipaiiiy  ill  till' ( )li'Knli  'I'l'irilnls .  .>r  wiiii  It  slii- ran  III'  iliM'sti'il  iiiil,\  h>  ai. 
<'<|iiitaliii'  jmrlitinii  nC'lirwIinh-  lift  w  riMi  t  In- t  wii  I 'nwris.  I  ii' i-laiiii-<.  anil  III' thin!,- 
hi'  lias  liiiwii,  a  I'li-as'  !  it  Ir  nil  llii'  ]iai  t  nl'  t  lir  I  'nil ril  Stairs  tn  I  lii<  w  hull'  ii'Ltimi  ilr.iitii'ii 
liy  till-  Cnliniiliia.  with  tli"  ii>;lil  nt'  Ipi'inn  ii-instalnl  ami  inii'^iilrii'il  lln'  parly  in  |m., 
si'Shinll   wllilt'    tl'iatiliLi    nl'  till'    lilli'.  III   ullirll    rllMlaili'l'    III'    lllll^l     insist  nil  lliillliiii. 


ill'll'll 


III  iiiiilni  iii'ly  with  p'isii  i\  I'  I'll  at  \  siipiiialini 


M. 


ra"  lint,  t  lli'li'liilr,  cm 


•.I'll 


I  lliat  tliry  'liall  tii'  rryaiili'il,  iliiiia^i  i  lii'  iirj^ntiaf  inn,  iiiirrh  ;is  (icci;  jijini.s  in  i  mii 
llimi  witlltilrat  lii  itaill,  mil  lail  lir,  while  llllls  ie;>aiilill^  tluil'  l  i^^llts,  pieselit  a  roiiu 
Il  ■•  plujMisal  liasi'il    ell  the  silppiisil  inn  nl'  a    jniiit    •ierll|iaiM'\ ,  llierelv    nnlll  the  i|ili'>llMi 


nl'  title  !n  tiie  lellit,irv   is  I'liJIv  ilisillsseil 


It 


i>.  Ill  his  npiimiii.  mily  alter 


ail 


IM'II'.S'.IIII 


wliieh  shall  liillv'  pli  sent    the   titles    nl'llie    parties   rivspeili\  ely  In    the   lernlmy,  lls.i' 
tilt  i)  elaiiMs  III  il  eaii  lie  I'airly  ami  satisrai't'iiilv  ailjii.steil.     'I'he    riiiteil   Slates  lirMi 
only  what  tlie,\  may  deem  ihei;  selves  justly  eiiliileii  tn.  ami  are  unwilling  In  lakeli's- 

Willi  llieif  plesi'lit  iipjninll  nl'  (heir  litle,  I  lie  Hliti-,h  1 'leliipnlellt  iaiy  must  see  that  til. 
plMpesal  whii'll  III  made  at  theseenml  ('nnl'erelM'e,  and  W  ilieh  he  mure  Clllly  .sets  |'iir!l> 
ill  his  enillltir-stal  I'liiellt,  falls  faishnll   .d' what  tliev   helie\  e  themselves  just  ly  elilil!. 


fn. 


Ill  reply  In  the  rrqiM'.-t  nf  llle  Hlilisll  riell  i  pnti'iit  iaiy  IIkiI  llle  I 'lll|el'>iM;||ei'  sl|iili;il 
deli  lie  the  mil  llle  a  lid  i'\ti'iil  nf  the  elailiin  V.  hie' I  the  I  nited  stales  ha\e  tn  the  (iIIp; 
pniiiniis  nf  till-  ieiritnry,  and  taw  huh  alliisi.ai  is  made  in  the  i  iiiieliidinn  ]iail  'i 
Staleir,eiil  A,  he  has  tiie  liniiiir  tn  inliinn  him  in  ;;eiii'ial  terms  that  lhe\  aiedi'iiM'>i 
I'rniii  Spain  li,\  Ihe  I'lni  ida  Tl  ^at^  .  and  are  fniimled  nil  I  he  diseuveiies  and  i'\p|nrali>'ii'< 
nf  lief  AS  i;ialniN,  and  w  liicli  they  mil  si  icmui',}  us  ^i\  iii:^  I  hem  a  riuht  In  the  evteiil  i" 
wlllcll  they  eall  lie  estahlished,  unless  a  helter  ean  lie  nppnsed. 

Ill  varioii.s  inrurinal  cotivrrsiititms  In'twcni  Me.  Pakcnliaiii  ami  Mi 
« 'allKHiii,  wIh'Ii  Mr.  ('alliomi  iiisistt'il  on  Hk  parallel  of  I'.t  us  Ihe  \er\ 
liiwfst  Iciiiis  wlii.'h  (Im'  riiiful  Slah's  would  aci'i'pt,  Mr,  I'aUfiiliaiii  inM 
liiin  dial,  if  lu^  wislu'd  Ilcr  Majesty's  (lovt'iniiU'iK  cvni  to  siUe  iiitonm 
siticratioii  a  i  roposal  loiiiKlvd  on  that  liasi.-^.  it  iiiiist  1m*  acnuiipaiiit'l  l-y 
.siimi>  Kidic.itiohs  oC  a  di'sirc  on  tli«'  put  ot'  tin*  Initrd  States  (iomiii 
luciit  to  niiUi'  .soititi  cori'cspi.iidinM;  sacrilice  to  aet  omiiiodate  the  isitercsl 
iiiid  eoiixciiienee  of  (ireat  l»li;  ;  i:  tii'U  llei  Majesty's  <  ioveilimeiil  liail 
ahviidy  ;,;one  \«'iy  lar  in  the  way  in"  roneession,  w  hile  the  I'liiied  Slati> 
♦  lovermneiit  hatl  as  yet  shown  no  disposition  to  ieee(h>  iVoin  their  ori^i 
iial  proposal.  'I'o  which  Mr,  C.dhoiin  replied,  on  or,  occision,  thi!  I"i 
his  part  he  should  ha\e  no  oiijeetioii  to  n|\e  up  alisolulel\  th"  lreeiiii\; 
Ration  of  the  roluiuliia,  which  had  Iicloie  lieeii  ollered  only  cniKi: 
tionally:  on  aiHilhcr  occasion,  he  s.iid  that  il'  <iicat  llritain  wouMhh 
sent  to  the  paral'el  oi  !!•  on  th^'  ( 'out  ineiil,  perhaps  the  I  iiitetl  Sl.in 
iiiimht  lie  williii;^^  to  leave  lo  (ir<'iit  liiitiiin  the  eiilire  pos.session  <»!  Van 
eou\t'i's  Island,  l'"iii'a*s  Inlet,  and  tlie  [»assaM;e  noitli wards  Iroiii  it  tn  Mh 
Pacitic  remaining' an  open  .sea  to  both  eoiinlries:  liiit  he  never  said tli^i' 
he  would  lie  ready  to  yield  l»oth   these  points.     In  liiet,  he  said  that  li' 


SKCOM)  AM>  l>KI  IXnn  i;  STATKMKNT  ok  OKKAT  MRITAIN.     22.'J 


\\,i>  iKtt  aiit'ioii/cd  to  iiiiiki'  any  proposal  of  tlic  kind,  nor  sliould  lie 
until  in'  had  a-s.  i'rtai»"' I  tnat  sin-li  an  arraniicnicnt  would  liml  faxcu' with 
:]){>  Si-nati'. 

isir». 

Ill  .'annarv,  ls(r».  in   answer   lo  a  projio^al.  nia(h' In   Mr.  I'akcidiain, 
ri;siit>niit  the  tpn'stion  to  ai'l>itiat ion,  .Mr.  Calhonn   .s;iid   iha',  wliih'  tin' 
I'lt'sidcnt   united  with    Iler  Maje.sty's  ( lovernnn'nt   in   tlie  (h-siie  to  see 
:lic  i|\u'stiou  .settled  as  early  as  niiiiht  he  luaelieahle,  he   could    not    a<* 
cede  to  the  ollei  ;  atldinj.;  this: 

VII-      '\\'iii\  in;:  ail  ellii  r  iiMsiHis  I'll!' ili'iliniiij;  il,  it  is  snllirii'Ml  to  ,«,talr.  i  hat   Ih-ikii- 

1  ill  Ill's  to  I'liti'i'laiii  llir  liii|M'  Ilia  I  (lie  (|iii'sl  khi  may  In-    re  tlt-il  liy  tin-  iici;ni  iatioii 

,ii\Y  jiriKliii;;  lii'lwi'fii  'III' t  wii  I'liiiiitrifs :  aiiiltlial  In'  is  ot  Dpiiiiiiii    ii    woiilil  lir  iiiiiid- 

i«;ilili'  l«i  <>iilri'taiii  a  iini|msal  li>  ifsorl  to  any  other  iiiodr,  .so  Ion;;  as  tlicrf  is  liojir  ot" 

II  lis  in;;  at  a  satislarloiv  sctllfiiu'iii  l>y  iir^uliatioii  :  am!  csiicciMllv  to  one  w  liicli  mi^jlit 
.itiii'i   I'i'iai'd  than  r\|iiMliti'  it>  filial  ailjii^iiiiiiil. 

(Mithe  .">il  ot'  .\])iil.  Lord  .Mieidceii  addi'essed  to   .Mi'.  I'akeiihain   tho. 
iiilluuiiiu' dispiiteli,  I  lie  loiie  and   contents  oj"  which   show    the   serious- 
!icss  (il   the   posilioii    in    wliich  the  colli loNcisy  tliei.    \as,  and  the  dct<'r 
•iiiiiatiou  (d'  Iler  .Majes|_\*s  <  io\('nii)ieiit  to  maintain  their  claims: 

Ai'iai  :i.  !'•... 

.S|i; :    Tin:  iiiaiiL-iiial  ^lu'i-ih  ol'  rir>iilriii  I'olk  has  imprcssnl  a  very  sciinii-,  chaiat'tn 

Il  mil' art  iial  I'ljal  i<>ii>,  willi  the  I  luliil  .S|:i||.s:  ami  lln'  mamn-i'  iii  wliicli  lir  has  lo- 
•■iifd  to  till'  Oii'-^oii  i|iii'Siioii,  si>  diiViiriil  Irom  tin-  laii;:iia;4c  o.  hi>  |irfdi'(i'>sor,  h'.ivrs 
;ilic  ifasoii  to  lio|ic  lor  aii\   lavoiahlr  ri'siill  of  tie-  cNisliii;;  iiri^ot  iat  ion. 

I  |i|i-siiiiii'  that  yoii  w  illhav  t'  actcii  ii|hiii  iii\  instniction  of  thi'  ltd  of  .Maiih,  and 
i.ivf  ii'|icati'd  to  tin-  ih'W  .Sfcirtary  of  .stjit<'  tin-  jn'oposal  ot'  :iii  ai  liitralion,  which  yoii 
Aire  diiiTtfd  to  iiiaUr  to  his  lUt'diM't'ssor.  IT  this  should  hi- di-rlim-d  hy  Mr.  i'olk's 
''ovcnimciit  in  the  sanir  maniiri' ami  tor   ihi-  saun-   reason    as  assi;iiied  hy   Mr. 'I'ylei-, 

.iiiiel\,  the  hope  that  the  mailer  iiii;;lil  yet  lie  laxoraldv  termin.iled  hy  iie;;;otialioii, 
-Mill  a  mode  of  lel'ii-;!!  Would  al  le.isl  displav  a  iViemllv  spirit,  and  would  not  elosi'  the 
iliiiir  a;;aiiist  all  riiilher  .'ittempi^  to  ai'ri\  i  al  siii'h  a  enneiiision.  tin  ihi' ot  her  hand. 
It  the  proposal  should  he  siniph  icjeeled.  and  the  rejeiiion  should  iioi  he  .leeompaniod 

liV  ;iliy  >peeilie  p|■opo^it  ion  on  I  he  purl  of  till'  (oiNernnielll  of  the  I'nited  .Slale>.,  W'e 
lillWI  eollsider  tie  lie;,'ot  iat  ion  as  entirely  at  .lli  I'lld.  Indei-d,  we  emild  seaietdx,  under 
Mich  eiicnnistanees.  take  ;iny  I'lirt  liei  step  with  a  due  iei;.ird  to  our   honor  and  eoiisist- 

'■lll-\, 

III  Mie    event    of  arhilialioli    heili;;  le)e(teii.  and  the  tailllle  o|'  cVeiy  endeavor  lo  ei'- 

ii'i't  a  |i,'ii  til  ion  of  the  territory  on  a  principle  of  mni  iial  eoncessioii,  yon  w  ere  directed. 

III  my  ilispateh  o|'  the  l-ih  of  Novemlier,  to  propose  tin'  I'lirther  extension  for  a  lixcd 
:iiiii  of  '.ears  of  the  exist  in  <r  ( 'onsen  lion.     'I'll  is,  il  is  IriU',  would  lia\  e  heeii  an  iiiipei- 

'>'i't,  and  niiKiitisfaeinry  arranifenieiit  :  hut    it    mie;|it    have   I n   tideiated  in  the  hopi« 

tlial  the  pre\aleme  of  friendly  feeliii;.>s,  and  the  admitted  interest  of  hotli  parlii's. 
"'Mild  in  <liie  time  havi-  led  to  ;i  peiimiiieni  settlem-ni  of  an  ainieahle  deseiiptioii. 
riu'  iTceiit  dedal  It  ions  of  .Mr.  I'olk   forhid   any  micIi  hope ;   ami  t  here  is  too  iiincli  lea- 

"Oll    III    helicve    that     the    extension  of   llie    ( 'on  \  elil  ion  lor  a  fixed   period  would  he  ein- 

iil'ivid  III  active  )irepaiatioii  lor  fiiinie  hostijitv. 

\<>ii    vtill,  tliciefoie.  coiiNidei    tills   poll  ion  ol'  iii\   instructions,  in   which  I  have  now 
I't'llt'd,  as  cam  ided. 
■'iidv;intj  Irom  the  lani;nane  of  Mr.  I'cdk.  I   presume  we  must  expect  that  the   \meii 
III  (ni\crnnieiit  >\ill    reiioiiiiet'   the  'I'lealv    v,  itlioni   deh  y.      In   tins   case,  unless   tlni 
iii'stioii  he  speedily  set  I  led,  il  local  collision   will  he  liahle  lo   taki-   place,  which  limy 
'm\o|m  ilie  countries  in  serious  dillicnlty,  and  not  iinprohiilily  had  to  w.'ir  itself. 

At  111!  events,  wliati'Ver  may  he  tie  e(nuse  of  the  I'liitetl  States  loiveniineiit,  the 
time  is  ci»int>  when  we  must  lie  prepared  for  every  contiiiijeiicy.  (»iir  iiiiv  al  tone  in 
III)  I'aciile  is  limply  Hiiltieieiil  lo  inaiiilain  our  supremacy  in  thai  sea:  and  .Sir  I  ieor^e 
^'I'viiioiir  iiiis  heeii  inslnicied  to  repair  williont  dejax  to  the  coasts  of  the  <  >rej;roii 
IVnitory. 
V>ii  w  ill  hold  a  tcmpei.'ilc,  Init  linn,  lanmniof  to  the  niemheis  of  the  <io\eriiment 
lid  to  , ill  those  w  itil  whom  Villi  lliav  convelse,  W'e  are  still  ready  to  iidliel'e  to  the 
iniiiiplc  of  all  eipiil.ihle  I  onipromise :  Inil  we  are  perfectly  delciniiiied  lo  concede 
'ie!liiiiji  to  fone  or  iiieiiaec.  and  jife  fully  prepared  to  iiiaint  liii  our  i  lylits.  'i'his  is  i  he 
'I'liii  ill  whiiji  jlrr  .Majcstv'.'s  il-iveinmcni  li.ive  declared  t  her, selves  in  riiilianieiit, 
■tiiil  III  ihJH  tlnv  will  adlicie. 


2l»4 


NOlMIIWKsr    WATKW    H()I.\I».M{V    AK'MI  llJATluN. 


I  tli(iii;;lit  it  -io  iiii|i<>ii:nit   lli;il    oiir    iiih'iit  inns   slnnilil    lie  rlcaily  kiinwii  ;iiii|  iiiii|,., 

st I  ill  llic  I'liiti'il  Slitli's  williiiiil  ilfliiy.  iIimI    I  <li't:iiliiMl    tin'    last     Allii'lii'iin    iii;iii.  n, 

ol'ij)'!' t  liat  a  CMiicfl  if|i(»il  ol'  tin-  )i|-i>r('f(iin^,s    in    I'arlianiriit    on    liii'   <  ►ic;;ciii  i|iir»ii,,,| 
iiiitclil  irai'li  \Vasliiii;^liMi  as  early  as  possiltlr. 

Nolliinn can  lie  more  fncnnrayinj:-  ami  sitisCartniy  tlian  liif  spirit  wliirli  jia^  li,.,.|, 
I'sliiltiti'il  (Ml  lliiM  Dcrasiiiii,  holli  in  I'arliaiiK'iil  anil  in  llii- ciinnlry  <rfiirrally :  ami  n  .. 
I'vidcnt  liiat  Ilii   Majesty's  ( MtvrriiniiMit    will  In-  warmly   siipiMiiltd  in  w  liatevcr  iii,,i>. 


HITS  iiiav 


iiiisidcii'il  ri'allv  iiist  ami  m'ccssarv. 


1  am.  A  I' 


Ai!i:i:i)i:i.N. 


lviii|  *llt'roi('  litis  (lis|»;itrli  iciiclMMl  Mr.  I*ak»'niiaii>,  Mv.  l'>\u-]\i\u.i\\ 
liiul  Im'cii  iippctiiilcil  .Ml',  ('iillioiiir.s  .sticccs.sor  in  the  olHcc  (if  .s,.| 
ivtary  of  State.  .Mr.  I'aki'iiliaiii  iiiloriiicd  Mr.  liiicliaiiaii  <>!'  the  iii.strin 
tioiis  wliicli  lie  Iiad  icccivod,  a;:ai!i  t(»  picss  on  the  ( lovciiiiiUMit  ol'  tin- 
I 'iiitcd  States  Ilic  expcdieiicy  ul  aihitraf  ion.  IJiit  .Mr.  llticliaiian  saiil 
on  one  occasion  that  hv  did  not  despair  of  eilectin;;  a  setlleiiiciit  li\ 
nejfotiation,  l)y  adopting'  (to  use  his  own  woids)  the  principh'  of  ;iiviii: 
and  takin;.- ;  and  on  anotlici-  «>c(Msi()ii  that  setticMieid  l»y  aihitiatioii  i|i<| 
not  MH'ct  witli  tlMM'oncnri'enci'ofthe  I  •resident  and  Ids  ('abinet,  that  tlii\ 
all  enfertaiiuMl  ohjcctions  to  that  coarse  ol"  proceedin;;',  and  that  t!i(\ 
prelerred  neo<»t iat ion,  liopinj;',  as  they  did  hope,  that  l»y  neootiaiiun  a 
satislactory  residt  woidd  at  last  l»e  attained. 

On  the  Kith  didy,  Mr.  Ilnchanaii  deli\'ct'<'d  to  Mi°.  Pakeidi.mi  a  p;i|M  i 
(marked  •!,  !>.)  containin;;  his  propo.sal  lor  setttenitMit.     It  he^an  tints: 

'i'lif  I 'mlt'i'siirhi'il,  Ar.,  m>w  iniicmls  fo  rrsnim-  tin-  iii-;j;i)tiati<)ii  on  the  <  >re^i>ii  i|iii.. 
tiiin  at   llie  piiint  wliele  it   w;is  left   liy  llis  pr-deeessiir. 

'l'lit<  liiilisli  I'leiiipnlentiaiy.  in  Ms  mile  to  Mr.  ('alliinin  ni'  the  TJili  .Septemliei  la-i 
n'i|iicstH  "  that  as  the  Aimriean  I'leiiipnteiitiary  deelines  the  prupusal  nlfeied  on  tli' 
]iart  <if  (Ireat  Itritain.  lie  will  lia\'e  the  ;;n(idness  tn  slate  what  arrangement  he  is.  m 
the  jiint  iif  the  I'nileil  States,  prepared  to  priipiise  tor  ;in  eipiit.'iMe  adjiistineiit  of  till 
i|iie.stioii,  and  more  especially  ihal  he  will  have  the  emidne.ss  to  ileline  the  initiiri'  ami 
extent,  of  the  elaiins  which   Ihel'niled   .states  ma  v  have   to  other   portions  of  the  tn 


ntt'iv  to  wliK 


hall 


nsion  IS  ni.'iile  in  tiie  eon< 


liul 


III;;  part  ot  his  slalemeiit.  as  it  is  .ili\  ii 


thill  mi  at  i'aii;;emenl    ean   he  ina<le  with   lespi'it    to  a  pait  of  the  territory  in  ili>|ii 
w  hile  a  el  a  ill!  Is  lesei  \ed  to  any  portion  of  the  remaindei    " 


'I'he  .Secretary  of  Stall'  will  now  inoceeii  (  reveisini;  Ih^' order  i 


li  Ih 


esc  rci|ili«I- 


h 


leeli  maile,  1  I 


n  the  lirst   place,  to  plescnl   the  title  of  llie  riiiled  States  to  the  !• 


I  itory  north  of  till  \alli'\  of  the  Colnmhia  ;  and  will  then  propose  on  the  pail  of  ili< 
I'lesldeiit  the  terms  upon  which,  in  his  opinion,  this  lon;r-pcMdin;4  controversy  iii:i\  U 
.justly  and  ei|nitalil,\  terminated  hetweeii  the  parties. 

The  paper  (after  a  Ien).;thened  aroiinieiit)  ended  thns: 

Such  liein;;  the  ojiinion  of  Ihi'  I'lesiilcnt    in    ii';;;ir(l  to  the  title  of  the  I'liited  Siati- 


he  would  iiol  h 


oliscllteil   to  \iclil  Mll\    portion  (if  the  I  trefoil  'rerritolA,  had  III' 


found  hiniM'lt' emliarrasscd.  if  iiol   commiltcd,  li>   the   ads  nf  his   pri'ileiessoi's.     |'li< 
had  nniformlv   iiroceeded  upon  the    principle  of  compriimise    in   all   their  neuotialim 


indeed,  the  first  i|neslion  presented  lo  him,  alier  entering  npoii  the  duties  of  his  ntlii 
as.  whether   he   slionld   ahniplly   terminate   the   ni'|;o|ialion    which   had    heeii  iimii 


meiieed    and    condniled    lietweeii    Mr.    Calhoun    and    .Mr.  rakeidiam  on    th 


pniHipi' 


avowed  in  the  t.rst  i'lotoeol,  mit  of  eoiilemlin;;  lor  the  whole  tcrritoi'v   in  dispnti'.  I'l 
of  Ilea  tiny;  of  the  icspect  I  v  e  claims  of  the  i'artiis.  '•  with  the  v  ievv  to  estahlish  a  |" 


maneiil  lionmiaiv 


hen 


the  I 


w  o  connl  ries,  west  w  aid  of  I  he  l>oel<  v  .Mountains.' 


In  view  of  these  fads,  the  I'lesidciil  has  determined  to  piirsiie  the  |ii'csent  iii'^ntn 
I  ion  to  its  conclnsion,  ii|ion  the  principle  of  ('oinpiomise  in  which  it  commenccil.  aii<i 
III  make  one  mole  ellort  to  ailjiist  this  loii;>-|M'iMiine  controversy.  In  t  his  ddeiiniiM 
lion  he  1 1  lists  tli.'il  t  he  Itrili.'di  (Government  will  iecii;;ni/e  his  sincere  and  anxious  iW- 


to  ciilliv  ,'ili'  the  most  III' 


dlv   relations  lidweeii  the  t  wo  countries,  and   to  i,ianil'i'-i  in 


the  world  Ihal  he  is  adn.ited  liy  a  spirit  of  inoderalion.  lie  has,  therefore,  instriii'tui 
the  I'mii  i'si;;iieil  a;.;aiii  to  proiiose  to  the  (iiivenimeiil  of  (ileal  Ih'ilain  Ihal  the  ilii'ii": 
'reiiitory  shall  lie  diviiied  lidween  the  two  eonntries  liy  the  forly-iiinth  iiarallrl  "i 
north  hititnde  from  the  Koeky  .Mountains  to  tlio  I'acilie  ( Keaii ;  nllerintXi  :il  t!ii>'^iiii' 
time,  to  make  tree  <o(ireiit  Kritain  any  port  or  ports  on  X'ancoiiver's  Island,  sninii  ><i 
this  paiallel,  vvliieh  tht^  llritish  (iovernment  may  desire,  lie  triists  Ihal  (ileal  Kiilain 
may  re  eive  tliiH  proposition  in  the  iVieiidly  spirit  in  which  il  was  diclitteil,  ami  tlia! 
it  may  prove  the    stahle  foundation  of  lastin;;    peace   ami  harmony  helvveeii    tlii' !«" 


ri»»N. 


SKCOM)  AM)   IH'.lIMTIVr  STATKMI:NT  of  (iK'r.AT   ItRllAIN.     'I'l^i 


•  kiHiwii  and  uihlri 

AllH'l  icilll     lIKlll,  111 

lie  (  h  cj;!)!!  <|iiiNi:ii!; 

liril  w  liic'li  liMs  lic'i'i, 
;fi'!n  r:illv :  iinil  n  ■. 
I  ill  \s  lialfVcr  nnu*- 


AlJKFfDl.l.N. 
>,   ]Mr.   Ilncliaiiaii 

tiu'  oiiicc  (»r  Sti 

;ii  1)1'  the  iiistiiii 
jvcniiiUMif  <>t  tin 
1-.  liiicliaiiiiii  siiiil 

a  scttli'iiiciit  li\ 
iiiciplt'  of  ^i'iviii: 
\-  a'i'hitralioti  ili<l 
aUiut't,  tliat  tlit\ 
ji',  ami  that  (!u'\ 

Uy  iU'};'()Uali(tu  a 

akcnh.iin  a  |):i|m  [ 
It  Itrfjaii  tiiMs: 

tin  lilt'  <  Mf^i'ii  i|iii  ^ 

I'.'lll    Si'llll'Tllllll    lil-l 

ii|Hisal  iiDi'i'i'il  III!  Ill 
rraiiy;t'iiii'nt  In-  is,  m 
ill'  ailjustiiit'iil  III  til' 
It'liiii-  III''  iialiiri'  ami 
•  |i(ii lions  nl"  llic  III- 
ih'mI.  MS  it  is  .ili\iiiii« 
ti'rriliir.\  in  ili-|ini' 

iiicli  llii'M'  rii|iiiM- 

I'tl  Stalfs  III  liii'  I'l 

nil    lilt'  pari  III'  111' 

tiMilitivtTss   iiia\  U 


r  lilt'  I'liitfil  Si.ii" 
I  ririli>i\ .  liail  111'  II"' 

|iri'fli'i'i'ssiiis.  ill! . 
il   llifir  iit'milialiiiii- 

(•  ilulifs  III'  lii-'  "111" 
111!  il   liail   lii-t'ii  I""' 

III  nil     till'    |ililli  11' 

iliii\  ill  tli-<piilf.  l'"' 
w   III  c-lalilisli  a  |"i 

Uy  .\liiiiiitaiii>. 
lilt'  iirtsi'iit  iH'^iilii 
it   (•iinimfiin'ii.  aii'i 
In  litis  ili'li'iiiiiiM 
f  anil  aiixiiiiiN  ilr-ii' 
s,  anil  to  r.iaiiir'^i  '" 
tliiTt'Cori',  iiiHiri"  i" 
lain  llial  lln-  Oir;;" 
ily-ninfli  iiaiiillil  "i 
ill'i'riiiji,  at   I'll'  '••III'' 

it's  Islaiiil,  >"iiiii  "' 
Is  llial  (iii'ul  llni'i'' 

^^,    t\icl;ktfil,lllli!lll''' 

nv  lit'twi'i'ii   III''  '"" 


idiuitrli's.  'I'lii'  lint'  proiinsiMl  will  rari\ mil  lln-  |iriiiri|ili' of  ciinliiiiiity  ciinally  for 
JKitli  |iai'tii's.  Ity  cxti'iiilinu  llii-  liinils  Imlli  ol  aiirifiil  I.oniNiaiia  ami  Canaiia  lo  tin; 
I'arilii'.  a  loll"  till'  s.'iiiif  parallrl  i.T  latiliiilf  ^^  liifli  ili\  iili-s  thi'in  rast  of  lln-  K'm'k  Mniiiit- 
aint.  ami  it  will  srcnii'  to  faili  a  -iiniridil  iiiiiiiliir  of  iiininiiiili'iiis  harliors  mi  tin- 
iiiiitlivvi'st  coast  oT  Anii'i'ica, 
I'liL'  I'niU'i'si^^neil,  iVc. 

TIuTciiix)!!,  ^fr.  Ptkciiliain  pi'-scnti'd  a  )  niicr.  dalctl  I'lMli  'Inly,  lu'.uin- 
iiiiij;  tliiis: 

i\|         "  Not  witlistainlinu,  llii'  prolix  ili-i'ii>sioii  wliiili  llif  >iil'iiTt    lias  aliraily   iiinli'i' 

^illlt',  till'  rilili-l'siy;lli'll,  iV  r..  Irt  Is  olili<;iil  tii  plarr  oil  riTOlll  a  I'fW  olisi'l'N  at  jolis  ill 

ir|ily  III  till'  statriiH'iit  iiiai'ki'il  J.  II.,  wliirli  lir  liail  tin'  liniiiir  In  ri'i'tivr  mi  tlic  liitli  of 
tiiKiiiniilli  rrmii  till'  liamls  III'  ili"  Scciftarx  of  Slatf  of  llif  t'nitfil  >»latfs,  tfiniiiial  in;; 
villi  a  pro|ii»ii  ion  on  ilir  paif  of  llir  I'liitftl   Siati's  I'm- flir  ^rltli'inriii   oj'  tin-  <  (ifjron 

illrstioll. 

Mr.  Pakenliam  eiKled  tliis  papor  as  lollows: 

Al'iii  tliis  fx  posit 'on  III'  till'  vit'ws  t'litiTtaini'il  1>y  i!ii'  Iti  it  i>li  i  Iom  rnniiMit,  ii'spt'ctiii'^ 
-III'  iilalivr  Naliii-anil  iin]iortaiii'i' of  llic  Itiiiisli  ami  Aini'iican  tiainis.  lln-  Aiiii'iiraii 
l'!iiii|Miti'iiliary  w  ill  noi  In'  siirpiisiil  to  hrar  that  tin-  l'ii(lfr'«i;;iiitl  ilofs  not  li-il  at 
ilirily  III  ai'iTpt  till'  iniipiisal  nlii  ii  il  liy  tin-  Anni  ii  an  I'lfiiipniinliaiy  tor  tin-  M'ltli'- 
iiiMit  III'  till'  i|iit'>l  ion. 

This  pi'oposal,  in  I'ail,  ol)i'i'>  ii'>s  tliaii  llial  irinlfii'il  liy  tlir  Anifiiran  I'liMiipniiii- 
•irics  in  till'  Ni-;iol  iai  imi  ol'  I— .'(i,  ami  ili'ilinr'l  li\   llir  liiilisli   ( io\  ri  niinnt. 

iiii  that  ori'.ision  il  was  piiipnsiil  thai  I  lir  na\  ii;al  imi  ol'  tlir  (ohinilna  slimiM  lir 
■iailr  I'li'i'  III  lioili  pailii's,  (III  this  pninl  iiolliin;;  is  said  in  tlif  luiipo-al  In  wlii'li  tlir 
I  iiili'isi>,;m'tl  lias  now  tlif  liomn  to  rfpl>  :  wliilr  witli  n^pi'il  to  tin'  privpii>.i'il  I'niilmii 

1  llii'  pill  Is  on  \'anrmi\  ti's   I>.laml,  >milji   of  l.i'iliiil"  I'J   ,  t  lii'  larts  w  liidi   liaxc   liriii 

i']irali'il  to  i>!  t  "is  papiT,  as  yivin;;  to  (iifat    liiilaiii  I  lif  slron;;i"H|  I'laiin  lollic  |io>>fs- 

.'11  III  till'  wliolr  i>lanil,  wmiltl  si'i'in  to  ilrpi  Im' siiili  |ii'iipiisal  of  any  \aliii'. 
Tilt'  riitli'rsi;;ni'il    Ilifi't'l'iHf  trusts  that   tin-  Anii'iicaii    I'lfiiipoii'iiliary  will  In-  )ii'.'- 
:i;iii'il  to  iilii'r  soiiii'    i'mthi'i'  proposal    tor  tic  si'tth-iiii'nl  of  tht>  OifM^on  i|iii'slion  nioii< 

''ii>i»|riit  w  itii  rainii'ss  ami  I'lnitv .  anil  with  tlir  ifa.'-mialili'  cxpi'i'taliiiiis  of  tht'  liiiii^h 
i"iMTiiiii  ■•••.  as  ila-llni'il    in  ihf  srati'inml    iiiaikt'il  l».  whii'li    t  In-  I'mli-i  si;iiifil   liail   thr 

"iiiir  I  .i.' lit  to  till'  Aini'iifan  ririiipuli'iiliarv  ;»!  iln-  i-aily  pail  ol  llif  pif-fiil 
:i 'iriitial  f'l, 

I'lii'  I   iiili'l  -i',;iiiii,  A  I'. 

Ml.  rakciiliaiii  Iiad  tliii.s  ilrcliiicti  to  aci-fpt  t  lie  piopos.il  ol  tlic  ( 'iiitcil 
Malts  (iovci'iimciir.  .Mr.  Iliicltaiiaii  tlii'H'iipoii  ijclivci-cd  aiiotlii'i-  papcf, 
■la  I'll  ."idtli  Aiiuitst.  ill  w  liicli.  a  It  IT  rmtlicf  ai  uiimciil.s,  ht'  u  it  IhIitw  iliat 
I'luiHisal.     '1"Ih' coiicliKiiii;^  passages  ul' tlii.s  paprf  wcrca.s  I'ollovs: 

rp"ii  till'  w  I II  ill,  lion  1  till'  iiio-l  rail  I'll!  an  *  aiiiph'  >'\ainiiial  imi  w  liiili  llii'  I'mli  rsi^iiird 

.!>  Ill  I'll  a  I  ill-  to  lit'stow  upon  till'  '■iiliit'i't.  Ill'  is  >al  iotii'il  I  lial  t  In'  Spanish -A  iniiiian  I  il  Ir 

iii'w  liiltl  liy  llif  I'liilfil  .S|ali'>,  fmlii'ai'iii;j  t'lf  wliolf  ifrrilory  liflwffii   lln-  |iaialli'l- 

"1 4'i    .'iiiil  .'it     |i' .  !■<  llif  lif't  ill  fxistfhi'f  to  this  fiitirf  rt'^:ii(n,  ami  thai    lli<'  ilaiiii  ul' 

''ii':il  III  it.'iin  III  aii,\   pmlimiol'it  Ini"  no  snltlfifiit  I'minilatimi. 

Niil«  itliNfaniliii;;  thai  ^iifli  w  a-,  .iinl  still  i>,  llif  opinion  of  ihf  I'lf^iilfiit.  yi't,  in  tin- 
"pint  111  riiinpi'oniiM'  am!  i  niiri'ssion,  ami  in  ihlf  ifiiif  to  lln-  ailimi  of  hi-.  pifiififsMirs, 
'ill-  I  iidrr>iniif'l,  in  iilii 'lifiii'f  to  liis  in-.tiiii'iiiiiis.  pio|iosfil  to  Ihf  itiilish   I'lf nlpoli'ii- 

'..ii\  In  Miilf  t  II iin\  f  i'>y  hy  ili\  iiliii^   I  lif  It'll  iliii  y  ill  tlispiitf  liy  t  hf   lmt\-niiilli 

:':iiall''l  iif  lalil  nilf.  olti'iin;;,  at  t  In- s.inif   t  iiiif ,  to  niakf  fit'f  to  (iifat    lii  ilaiii  an>   poll 

'  |i"rl>  "11  \'ani'oii\  f  i'^  ■•.lainl.  --milh  of  this  lalitinli',  wliiili    tlif    r>riti->li   <  io\  f  t  nint'iil 

'l;IiI  ili'>ii't'.     Tlif  Uiili-li   I'll' nipiilf iiiiai>  h.is  loiifilly  sn^^fsifd  thai  Ihf  fiff  na\i- 

:iili<iii  III  tilt'  ( 'ill  II  III  Ilia  I'lv  IT  was  not  I'lnliiaiiil  in  this  propiiKal  In  (iifal  I  hi  lain,  liiit, 

"II  till'  iitlifi'   liami,  llif  ii->f  of  tiff  pi  111  >  nil  ill''  stall  litTii  i'\i  if  mils  nf  iliis  islam  I   hiul 

111  lii-fti  ini'Imli'tl  ill  Innnir  otlfM. 

'»iii'li  a  piiiptisiiinii  as  that  wliifli  has  Im-i'ii  iiialf,  ni'ViT  woiilil  liavf  liftii  :iiitli'iri/i'il 
I'V  thf  i'lt'Miih'iii,  liail  this  lift'ii  a  iii'W  i|iii'stjnn, 

I  ;i"ii  Ills  at'ffssinii  to  ollii't'  hf  fniiinl  thf  pit'^fiit  nf(Xotiai inn  pi'iiilin;;.  It  hail  hft'ii 
'i-iiliiti'il  ill  thf  spiiit  ami  iipnii  Ihf  I'limipif  nf  fmiipi'miii»f.  Ii.s  nlijfi'l  wa.-i,  a.s 
iviiwiil  liy  iIm'  iif^iiiliati'is,  not  to  ilfiii  'nl  Ihf  wholf  tiTiilniy  in  tlispntf  tor  fithcr 
"iiiilr\  ;  hut,  in  lln-  laii',iiiaiif  of  tlif  liiif  I'lotoc  il.  "to  tifat  of  Ihf  rt'spft-tivf  cliiiins 
'I  llii' I  wti  t'onnirifs  In  thf  Oif^i'iii    Tfi'ilorv,  vsitlia  \  if  w  tn  fsl.ihlish   ii   ptTiiiaiifiil 

' iilaiv  lifiwftii  lln*in.  wt'<.|\\artl  nl  tlif  K'niky  Mniiniaiii'i  to  the  i'aiilif  ntian." 

riii'i'tl  in  this  iiiK.iiHiii,  tinil  foiisitif rimr  that  I'lisKlf nls  Mtiiiiof  ami  .\tlaiiis  hail,  on 
' 'iiii'i'  oi'iiiHitin-  I  llif  I  ft  1  t"  '!i\  iilf  t!:i'  tfi  i  iloiy  iii  tlispntf  liy  f  Miiiilin;;  thf  I'm  ty  -niiitii 


■^w 


22(; 


NolMllWKM     WAIKK    lUHNhAKV    AKIUIIJA  lloN. 


|iillilll)'l  III'  lalitllid'  III  till'  I'mili)    <  )ri-:ili.  lir  fi'll    il    tii  lir  lii«  lillty  lii>l   lllil'lljill.V  III  uil>".i 
I  III'    lli'i^iit  iat  lull,  lilit     Ml  till'    tii\ii'lil     lli>  iiu  II    ii|iniliill  if<    iiliri'  lliol)'  III    liiiiUc  ;i    >|i 


lli.l! 


illiT. 


Nut  iiiil>   n'N|irr|  liif  I  111' ( iiiiilint  lit' III".  ]iii'i|iiis>iii  ^,  liiit  a  ^iiH  III' jiihI  ;iii\iiiii>  ill- 


In  |il'<illii>|i'  |M':iri'  ami    liiin:iiili\    lirlVM'i'li    llir    t  Wii  riilllil  I  Ii'm 


iiilliii'iK'i'il    iiiiii  ti 


III  is  I'll!  I  I'M',     rill   ( »n';;i.ii  ijiioliiiii  |ii('M'iii>  till'  •III!  V  ri  mil  \N  liii'li  iiili'ii'i-plf  I  In'  jiiuvim,  t 
III  a  liiii^  riii'i'i'i'  III'  iiiiit  iial  Irii'iiiNliIji  ami  lii'iHliriai  ruiiniti-iri'  ImI  \\  itii  I  Ih'  I  wn  iiatiun. 


anil  tills  rlmiil  lir  ilr>iri'<l  In  IrliloM 

■'riii'Hc  an-  till'  n-asoiis  w  liii'li  iK'tiiiitiil  tin- I'li'-iilriil  In  ult'i-i  a  |iii>]iiivii 
lilii'ial  III  tiicat  rii'itaiii. 


lull 


Anil  liiiNV  lia.Nllir  |ii'ii|iii>ii  imi  hi'i'ii  ii'ii'iv  i-il  lis  IIh-  l>riti->li  l'lciii|Miti'iil  iar\  .'  Ii  ., 
lii'ill  ri'Ji'ili'il  \\  i  I  III  lilt  I' \  I'll  a  irlilrlict'  til  lli-.  ii\N  II  I  iiiM'l  lillli'llt.  .\a>  .  Iliiilc,  t  lir  lililiv 
I'li'iiijiiiii'iitiai  \ .  Ill  iisr  |ii>  own  |aii;;iia;;i',  "  In  I  sis  tliat  tlir  Aiiiri  iraii  l'li'iii)ii:ti'ijii,ii 
will  III'  |irr|iairil  III  iilli'l  Milili'  I'lll'llirr  IHiiliiisal  tm  llli'  Ni'ttliiiiiii*  nf  IIh'  nrr^nll  <jI|i. 
linn  iiiiili'  rniisisti'iit  Willi  laillir^' aiiil  •'•|'.lll.V,  ami  willi  llir  li-asiilialilr  i'\|ii'i'taliiii,-. . 


till'  r. 


>li  ( 


ii\  I'l'iiiiii'iil. 


I  lull' r  ■•  lie  1 1  riiriiiiistaiui's  till'  I  'nili'r>i;;iiril  is  iii>lriirli  il  li\  till'  l'ri'>iiliiil  In  saytli.i 
lie  iiwi's  it  III  Ills  iiw  n  tiiiiiiii  \ .  anil  a  jiixl  a|i|iii  rial  inn  nl'  liri  t  il  li'  In  I  lir  i  Mi'^mi  Tmi 
tiii's.  It)  wit  liiliaw  tills  |iiii|iii>it  inn  In  tin'  ltiili-<li  (ins  iriiinriit  wliitli  liail  lirni  ni.iii 
iiiiili'i'  liis  iliirctiiiii,  ami  il  in  lirrrliy  ai  riiriliiiiil.v   u  itliihawn. 

Ill  laliiii;.:  this  iii'ri's.saiv  sti'|i,  llir  I'lrsiiliiit  >lill  clirrislii's  till-  liii|ii'  tlial  this  Im,. 
Iii'iiilin;;  <-iiiiti'ii\  I'isv  niiiv  vcl  lir  tiiiall\  ailjiislnl  in  sinli  a  nianiirr  a- imi  toilistiiiliil, 

jii'arr  i>\-  iiili'ri'li|it   till'  liatniiUiV  Imw  mi  lia|i|iil\'  -.lllisisl  inu  In  Iwrrll  till'    lu.i   cnillitl'i- 


rih'  I'nili 


il.  iV< 


isn;. 

On   '.Mil    l''clirii;ir\ .  I.s|(i,  ihc    Mouse  nl    i;v|iifsciil;iti\('.s,  iiiid  oil  IT;. 
A|)iil  tlu'  Sniiilf.  ol  the  Ijiilrtl  Stiitt's  passt-tl  a  Joint  icsohitioii  iiiitiini 
i/.iii;^  tlif  I'lcsitlt'iM  to  niv«'  the  U't|uiNiti'  Ncai's  iiotict-  to  iMit  tin  cihI  '< 
Ilir  ("oiiM'iitioii  ol    l.si'T.     Tlic  Holler  was  datt'tl    tlic  L'Slli  of  Apiil:   ' 
rcaclicd  tlu'  riiilcd  Statt's  .Minislcr  at  liOiidon  on  tin*   I'Mliof  Mav,  aiiii 
was  Ity  liiiii  snit  to  Lord  Altcrdi'di  on  llic  LMMli. 

.Mcaiitiiiii'.  on  tin-  jsjli  of  May.  l-oid  Alicidccii  addicsscd    the  I'lillnM 
inu'  iiisii  iii'tioii.s  to  .Mr.  I'akeiiliaiii : 


I-' I 


,M^^    I-.  1- 


III  I  111'  11 1 


lit  al  ^l.ili'  III  II 


II'  iii'l;>iI  i.il  inn  tm   I  !ir  >ri  I  liiiiiiil  nt  I  In- ( tii'^i 


Ml   it< 


iiilii,. 


alN.il    has    lii'i'iiliii'    tu\   illll;,    r.llrlllllv    In    li'Vii'W    Ihi'Wilnli'    I'lililM'    III'  iilll'    |i|'ili'i'i'il,l., 

anil  In  roiisii.'ri' w  liat    Ciiilhi'i    sii'|is   in   llir   |iii'si'hl    jiini-liiir  li  nia\   ln'   |iii»|irr  in  i,. 


\\  illi    I  III'    \  icw   111    iiiiiiivii 


aniiralih'  li'iiniiial 


\<i    lAlslili;;     ihUlillll  ll■^,    ami    nl    |il  nmnl  in;.;,    ll    |ii 


..lllll 


I 


Illll  nl  I  hr  i|llrsl  Inn. 


lilitiulv  atisiain   I'lnin   1 1  iii"a  iii;;  a  i 


li^i  il>>lnii.  I  III     mat  I 


la  II « I  I'll,  anW  liniii  ii'iiiat  iii<r  a>;^iinii'nls  u  ii  li  w  liii  li  s  nii  hi  w  Inn*.;   lii'iii   la  nil  liar 


11    I'm   u  hiih  is  aliraili  '  v 

111.' 


I   tlllllK   it    ivllnt     tun    milrh     In    a<si'it     that.   In  illlV    nli^i'l  A  I'l'    Innkinu    ini|ia  t  I  iall.\   .Il 
tlitVi'ii'liI  s!.'i>.;i's  III'  ihl..  nt';;iiliatinn.  il   w  ill  a|i)ii'ai   that   I  lir  I'limliirl  nl'  I  ii  .at  llnlaiii 
I  iiinii^limit  Im'i-ii  innili'iat)',  cnii   iliatni'V .  ami  JM^i .     ('.iii  ii  iiiil.v   lir  >aiil  t  hat    llii'i> 
rrnnn  III  nl'  llir   liiili'il  .^lalis  have  aihaiuril  in  nnrl   lis  in  tin'   |ialh   nf  niiitii;i!  i 


i»f 


Till'  III  Ills  III'  till'  -,it  I  Irllli  III    I  III  i|  HIM  ll   li\    till'  Ml  lli>ll  I'll  nijMili'litial  irs  In  .Ml  .  Ii.iii.ll 

in  till'  >  lar  l—Jli,  wMr  iniirli  imin  .'iilMiiiliiKiiins  to  llii'  I  niii'il  ."iiali  -  than  llinsf  win 
hail   liirii   iilhri'd  In  Mi.  ItiiNli  in  llir   |ii'i'\  inns   iii';<<itiatimMir  l-'.'|.  aiul  on  >niii  nv 
<li'|ial  I  nil'  limn    lhi~.   rniiiitry  vmi  wrir   ailllim  i/<'i|    '^lill    riilllul  In  ail^liii'lil    llii">i'  :i'. 
\  ailla'.;i'iil|s  inliililiniiN.       Till'   rnili'il  .^lali'S.  nil    (111-  ntlli'l    ll  Illll,  lia  VI'  Illll    nllK    '.ri'llti' 

iiiaili'.   ilii'iiii;.:li    Ml.  Iliir!ia;iun.  a  in'iijin'.al    !•  s-.   i.tMiralili-   in  tiii-jil    Utitaiii   than  il 
rmnirilv  iillriiil   li\   .Ml.  liall.ilin,  Imi.  \x  Inii    this   i 
il  ailniji'i  lii'i . 


I'l'ji  clcii   li\  yiin.  tli«  >  «  111 


In  linlli.  till'  iiiiliii'-imis  III   tin'  I'niiiil  >tal«"«   liavi    "lailii.'ilK   i'lin'iis.ij   ili 


|iiii:^ii"-s  I 


>l    Ih 


I'M'  iii';'iil  lal  inns 


.\i  t  ill;:  111  liiaiiil<o|   V  iiilati 


nil  III    I  III'  '>i<irit 


Miiliniisnl'  l-l'-  ami    j-'JT.  il  i-.  imw   Inriiiallx   ai~l  oOiri.illv  asHi'ii«il   tlnit    1 1»< 


the    rnili'd    .'^tali's    in    llir   wlinlr    ll'llllnl'\    lli     'h-HXlti'    i 


'  rli'jir   ikl.tl    lllli|M<'^j" 


rill'   iii'iiii'iiih',  Imw  i'\  IT.  Ill'  tlii'M'  ( 'miM'iitioi  s   pvuinly  iiTii;j;iii/<'<l  tlir  <  iait 


III    Ihi, 

|i«ilii's.  as  inili'cil  was  (iilly  ailniitti'il  l>,\  tl»«-  .\ii»-nc)in  l'lfiii|i..»iniim  >  UtM."^'!!:  .jii'I 
was  only  mi  lailnti-  nrtlic  atlriii)il  to  i-tiii-t  :iti  i'«|iutal)li'  |iiti-t:t  imi  <>1  Mh'  n-i>  >ma  !Im 
llir  jmnt  ii('i'ii|iaii('>   w.'i>  istalilishi'il, 

Smli  liti'trlisinns,  W  liilti'M'l  lllli>  lia\i'  Im-i  ii  llii'ii  I'llcrl  n  iln-  !  '-.itnl  Ntatvs.  ■  HI ' 
in  aiiv  iiiannt't' in\  aliil.'ili' nr  iliiiiiiiisli  iiiir  nu  11  jii-.;  rlaiiii».  ^^  ttt  ii>i«(««-<'t  to 'lit"~  '< 
liuM'  iH'MT  xaiicil.     W  1- lia\»' alwav  ■•  iuaiiit.4iii<'il  I'lal  we  iiiis>«a  ^  tiif  iijijlit  tnfl.''''  ' 


>i:(  nMi  AM»  i»i;i  iM  ri\  i:  -^i  a  i  i;.\ii;.\  i  ni-  <.i.".ai   r.i.M  i  ain.    l'::! 


ilti-i  ,•)  |irii|iii«iiiiii,  .. 


'CSSCll     tln'     lullnn 


.m|v1\>-->  ill  illl.\  imit  III'  till'  riililillN  IKil  l(lc\  i<iii>l\  iMilljili'il  :  Iml  Wf  li.-nr  lllllv  ;ic- 
kliiiW  li'il;;('il  ill  (llr  I  hi  I  I'll  Milti'>  I  lit  l'\i^ll■ll^)•  iil'  I  In'  .s:iliir  I  i;:lll  :  Illlil  \v  r  lia\  r  ;lNi>  at 
,ill   tiliK'K    lii'cll    rr:iil,\,  liy  :ni  ri|llllil1ili'    riiill|iriillii.M'    ;iliil    |i:u  t  It  lull,  til    put    Mil    rliil   li>:i 

.|ifcii'>  ol'  o  •<'n)iiit  lull  wliii-li  is  lint  iimi  likrl\  in  liiiij  tu  ili^iiiitc-.  iiiiil  ri>lli'<iiiii. 

I  ><-M|i:iirin;;  ol'  aniviii^  :it  aiiv  :i;;i'<-i'iiii'iil  li\  iih'mii'^  nl'  iliiiti  iii';;iit  iat  inii,  wi- 
ii  I  lia\t'  liffii  uf;;fiil  in  '  |ll^^^ill^:  tlii'  icrrii'iicf  iiCtlu'  w  liolf  Mialti'i'  to  an  ailiiliatiim. 
W'f  have  liccn  w  ill  in;;  In  >n  limit ,  rit  lirf  tiic  ali>tiact  I  it  Ic  nl'  t  lir  two  |iai'lir>,  m 
liii- •  •|iiitalil(' tliv  i^inn  ut  tile  tri'iitiii,\.  Ill  till- .jii<l;:nirnt  ot'  any  'I'riliiinal  wliirli  rtmlil 
ii»tl_v  in-jiiic  ciintiiliiiic.  and  w  liiili  iiii;;lit  jiiiiM'  ay;r«calilr  in  llic  I'nitnl  Stairs.  All 
111*.  Iici\vi'\  rf,  iia>  Imcii  iirliiii|il(ilil>  ifl'iisi'il  ;  till'  |iriiy;li'SH  (if  llif  ni';;iiliiil  inn  lias  liriii 
riitii'i'l.s  aiii'>li'il,  .'iiii',  in  lact.  it  nnw  iTfiiaiiiH  witimut  aay  ailniittcil  nr  iiiti'l|i;;ili|i 
.,i*i»  \\  iiatrv  ff. 

Till-  I'liilril  ."stairs  liavi'  ri'rriii|\  cNincssril  tliiii  (Icicnniii.i  I  inn  In  |iii|  an  mil  In  tin- 
I  c>li\  t'litinli  w  liicli,  Ini  llir  l.'isl  llinty  .\ral>,  lias  li';:nlali'il  llir  iiinili-  nl'  n<  riipal  inn 
,|(l|rU'>'l  liy  ll"'  Mlliji'ils  nl  lintli  inlllll  I'il's  ;  lull  as  this  |in\vr|-  was  lis.TVi'il  Inracli 
,.;irt\    liy  tllr  tflins  III'  I  III'  ( 'nn\  ('Ml  inn,    till'    ili'c-isiiin    raniint     rrasnlialils    III*  i|l|i'slinni'il. 

Niiiliir   is   ilicir  anvliiin;:    iirri>saril.\    niil'i  icnilly  in  tin-   ad   ilsrll';   Iml,  as  Imtli  pat - 
iirs  wniilil  tliiis  he  I'i'pl.'ici'il    ill  tliiii'  Ini'iiiri'  pnsitinn,  cui'li  irlaiiiiii;;  all  its  claiiiis  ami 
i^vri'lin;;  all  its  lij^lits,  wliiih  raili  wmilil  |'rrrl\  i'\cirisi<,  ii   is  oli\  inns  that,  in  pmpni 
;,iiii  as  the  cniinliy  liiTann- scttlcil,  hiral  ilil)i-i<'ni  rs  wmilil   arisr  wliii-ji  imist  spi'fili!\ 

.rail  In  ihr  llinsl   scrinlls  cnlisccillcm  rs. 

ill  this  stall' nf  atlaiis  it  is  matti-r  nl' snnir  an\iit  \  ami  ilmilil  what  step,  wit  li  ,i  \  jiw 
;,iaii  amic.ilih'  sciilrmiiit  nl'  tin'  i|iii'siinn,  may  In'  mnst  rniisisti'iil  wiili  tin'  ili;;nit\ 
.mil  till'  iiilri't'sis  nl'lMi-al  Iti'itain.  .M'ti'i'  all  IIh'  illnMs  wi-  lia.r  iiiailr,  ami  tin'  I'niiisi' 
HI'  lia\i'  |iiirsMr<l.  wr  nii^iht  )ii'rhaps  ninsi  naliiiall  paiisr,  'iml  h-avi"  In  ihr  Inili'il 
»liiti's  till-  lit  tin'  nl'  ii'iii'vx  iiil;  a  ni'unl  iai  inn  w  huh  hail  I  in  ii  ii:ti'i'i'npli'<l  in.ilri  sinli  lir- 

■  iiiiistanci'H,      lint    llii    Majisi  \ 's  ( ins  n  nini'iil    w  mijil  Ifi'l  t  li<'ii,sil\  rs  In  In' ciiminal    i  i' 

;!irV  prl'lllltlril  riill^lil<  rat  i  nils  nl'  i|i  pinniai  ll'   plllirtilin  nl  t'l  ii|  lli'l  I  r  In  pi  i'\  I'lii   t  hi  11 1  I  mm 
;:i,ikili'.^  rv  I'I'V   pinpi'l   t'Si't't  inn  In  a\  I'll   t  hi-  ilan;i|'l'  nl'  ralailllt  li's  w  liiih  t  hi'V  ail'  nil  w  ill 
;,;;  111  rnnlrmpiati',  Itiil  till'  niay;nit iiili-  nl'  w  hirli  sraii  rl\   ailinits  nl'  i'\an;:i'ialitin. 
i  tliink  that  an  nppi  rl  unit  \  has  nnw  aiisi-n  when  w  r  may  i'i'asiinalil\   lay  asiilr  ilins>' 
: 'iiiial  rniisiiliTatlniis   liy  w  hich,  iimli'i'  niilinary  t'iiiiinistani'rs,  we    mijjlii  lia\i'  Im'i'h 
;iii'liiil<'i|  I'rnni  inakin;:  an.v  li'i-sli  nvcitiiti'  ni'  ili'mniisirat  inn  nn  this  siilijrrt. 
Ill  rnniplyiii';    with  Ihr  ii'inniini'mlalinii  nl'  tlir  i'lisjilmt  In  li'iniinali' tin' < 'nn\  rn- 

■  111  llllili'l-  w  hii  h  till'   I  »lt';;nn  'I'rri  ilmy  is  at    plrsrlil     nrmpit'cl,  I  ilr    {.r^iislat  lllr    111'  111.' 

I  '1 1 1  I'll  Stairs  ha\  I'  art'ninpanii'ii  thrii'  ilrcisinn  \>\  irsnlni  inns  III'  ,'i  jiai'ilii'  ami  rnmilia 
i!\  iliaiartiT;   ami    IniNc   i|i'ail\  siy;iiilii'il  in  tin'  IIm-iiHiv  r   ( invi'i  nnii'iit  thrir  ihsiii- 
li.ii  this  step  .si  inn  III  nut  Ii'ail  In  I  III'  I  lip:  llir  111'  a  III  iia  I  ill'  m';;iil  iai  inns  I'nr  till'  si'i  t  li'ini'iil 

I   lilt   i|m's|in||.       1   ran  sranrly  ilmili;    that    tlir    (hiM'I  llim'lll   nl'   tllr   I'lillril  .'■^tail's    will 

^Miliiiv  iiilliii'mi'il  lt\  t  In- ili'siir  thus  niiii|iii\  nrally  I'Nprt'ssi'il  liy  ( 'nnj,;ri'ss  ;  anil  it  is 
.11  tliis  hnjii' ami   lii'lii'l'  I  hat    I    nnw    prniiiit    in   instrmt    \nii  in  niaUi'   aiiniliii'.  ami,  I 

;ill»l,  lilial  prnpnslllnli  In  I  ill'  .\llli'riiail  Si'intary  nl'  .'sl^ilr  Inr  Ihr  snlntinn  "l  tin'si' 
I'llH-rvistiny;  ilillirllll  it's. 

I  :i\  ail  niysi'ltnl'  I  his  oppniliinity  tin'  innrr  rrailily,  lifraiisi'.  all  linn  i;li  llir  Maji's|\  "s 
'"iM'iniiii'iit  lia\r  stinn;;ly  pns.m'il  a  ii'l'i'ii-mi'  nl'  tin-  wlmli'  siiliji'i't  In  ai'iiitial  inn. 
liry  ail' l»y  nn  nii'an.'*  iiisi'iisihli-  in  tlir  im'nnvcnii'iK'r  attrmlinir  smli  a  iiinih' nl  jirn- 
riliiii;,  ami  wniilil  williniilv  a\oiil  it  if  piissihlr,  NnlhiiiLC.  imiri'il.  hut  thr  approhi'ii 
-I'lii  llial  an  amiralili'  sit  lliiiii'iil  liv  im-.-ins  nt'iliiri't  iii';;ntiatinn  was  rnliiily  hnpi  li'^s, 
'iiiiiit  havr  Iril  thi'iii  sn  ih'i'iili'illy  In  ailnpt  t  his  I'lmi'si' :  ami  thry  an- si  ill  nl'  npinmn 
that,  with  sm  ll  a  pinspi'it  nl'  railiiir  hi'lnri'  lln'in,  it  wmilil  In-  thrir  iliily  In  aillii'r<'  as 
'inii'-ily   Ms  fvt'r   in  this  I'i'riininii'niiatinii.     Nnr  i  an  I  In'y  hi'lirv  r  t  hat  any  ( 'hrist  i.-m 

<>'iM'nilili'nt   rnlllil  lliliinatrlv     pi'lsi-M'rr  in   Irji'rtinu'a   pinpns;il    III'  this    mitlll'i',    what 

>i'i  iiii;;lii  111'  llii'ir  iiliii'iliniis  In  its  .'iilnplinn,  ami  in  till'  tail' 111'  t  III' I  i  V  ili/i'il  w  III  111 
i!i'lilirialrl\   ri'i'iii'  In  till'  ilirailliil  alli'inati\i   nl'  war. 

Till'  linnmlai'V    ha\ill;i  Imtii  lixnl   liy   thr  ( 'nh\  I'llI  i.m  nl'  ■•I'",  tiilwi't'll  thr  pnssi'ssinns 

'I  liii-at  nrilaiii  ami  tin'  I   nllril  Stall's,  ami  itir  linr  nl'  ilr  mark  a  linn  liavin;;  I n  rail  iiil 

iiliiii;;  till'  I'm  IN  '11  in  til  |iaralli'l  nl'  latilmli'  I'm  a  ilistaini'  nl'i'ii^ht  hnmlii'il  nr  nnr  ihniisanil 
mill's  iliriMi;;h  an  iinlrt'i|iii'nlril  ami  iinkmiwii  iniinti\,  I'rniii  thr  l.akr  nl'  tlic  Wnmls  in 
''ll'  K'lH  ky  .Mniintains.  it  appcainl  In  tin'  lni\  I'lnnii'iit  nl'  thr  iJnili'il  Stales  llial  it  was 
<  iiiiiiiial  ami  rrasniianji'  sii',;i;i'st mn  that  this  lin<'  •.Imiilil  lu'  cniiliiinril  alniii;  llii'  saini- 
|>:iliillr|,  till'  ahniit  halt'  tiial  ilisiami-,  ami  I  hrnii  ..ii  a  cniinlry  as  liltli'  kiinwnnrrri' 
'llrnlril,  rinlll   till'  li'nrkv    .Mnillil. litis  In  tin'  sr.i.      Ami,  illili'iil,  with  li'li'lrllii'  In  sllih  .1 

1  limit r,' .  till'  r\li  iisinii  III'  .in\  linr  ut   hmimiary  .-ilit'itilv   livrd  nii^lil  I'lpi.tlly  liavi'  Ih'I'Ii 
>ii(rjr,.«i,.,|_  wlii'llirr  it  hail    lii'iii   caniril  almi;;  thr  t'nrl.\   ninth  m  any  niliiT  paraiiil  nt 
hilitinli'. 
'  '11  till-  iiihi'i  ha  ml.  liiiwi'X  rr,  it  nia\  Justly  lir  nlisn  \  nl  ih.it  an\  ilivisimi  nl  iii  i  iim  \ 

.vvliirll    hnlh    pallii's   pnssiss  i'i|iial   I  iu;lits  iill^ht   In  plnr Inn    :i  |)1  itli'ipli    nt    niillllitl 

<'ihvi'aii'ii('i>.  rathi'i  than  mi  iIh-  ailln'ti'iiri'  In  an  ima^iiiaiy  ;;i'n;,'iaplii('al  Iim  :  ami  in 
lilts  I'l'HlM-i'l    it   must   III-  rnliri'SNi'il   thai    lll>'  liniltlllliry  llltls  pi'dpOMi'il  wnltlil   hi'  mallil'i'stl\ 

^t-^'ftivi-.     It  wiiiilil  I'M-itiilf  Us  i'mmii  cxfi'V  I'lMiiiiKNiitiiis  and  ii('ri-M.Hildr  iiarlmi   mi  tlm 


•T.,H'f 


228 


NOUTFIWKST    WATKK    r.OINl>AHV    AHIUTHATIOX. 


roast  :  it  would  (It'inivc  ns  of  our  loiijj-i'Htiildislicil  iiiriiiis  of  Wiitt'i'-coiiiiiiiiiiicatidii  witi, 
iIk'  iiilrrioi'  for  tih'  |irosi'i'iilioii  ot'  oiii'  friulc;  anil  it  woiiiil  iiiti'il'i-ii-  witli  tlir]iiisM.. 
sioiis  of  Jtiitisli  roloiiists  n'.sidciit   in  ii  ilistriit  in  wliidi  it  is  Ixlicvnl  that  scarcely  ;iii 

American  lilizcn,  as  a  sctticf,  lias  cvci-  set  Iiis  foot. 
[\iij         ■  If,  tlicrcforc.  ilic  loi'l\-nintli   parallel  of  latitude  l>e  ailojiled  as  tlie  linsi,  i,| 

an  a;;i'eenienl.  it   will  lie  incllinlielit   lljioli  lis   to  oliviate  these  idijecl  ions,    wlihli, 
I  trust  in  <;ieal  iiicasiire,  may  he  siiieesst'nll>'  accom|dislied. 


II 


irdin-ily  |)ru|iiise  to  the  American  Secietaiy  of  State  that    the 


deiiiai'katioii  should  ho  cont  imicd  alon;r  i|ir  foi'ty-ninth  |iarallel  iVom  the  iiocky  Mi 


aiiis  to  the  sea-coast 


finiii  thence  ill  a  solltllerlv    direction  thl'oimh  til 


lllll'  1. 1 


I'  I'ciitcr,,! 


Kiii^i  <ieor;ie's  Sound  and  the  Stiaits  of  .liiaii  di'  I'lica.  to  tin-  I'acilic  (tci-an,  UmvIii^ 
the  whe\  of  \'aiicoii\  el's  Island,  with  its  ports  and  harliors.  in  the  |iossessioii  ol'dh.ir 
Itiitaiii. 

^'oii  will  also  stipulate  that  from  the  point  at  which  the  forty-idnth  parallel  iil'lm. 
itude  shall  intersect  the  jnincipal  nortln-rii  hranch  ot'  the  Coliim'  la  lti\er,  called  Ma,- 
;;illiviay's  U'ivcr  in  the  maps,  the  nasiuation  shall  he  free  aim  open  to  the  IIucImh,', 
May  Company,  aiid  to  the  snhjeeis  of  (ireat    Mritaiii    trading  with  the  said  ('oiii|iaii\. 


until  its  jiinction  with  the  ('olmiihia,  and  IVom   thence  to  i|-.e  MMJittS'.  ;.'f 


.•IV  river,  with 


flee  iiccess  into  and  through  the  same;  Ihit  i»h  siilijecls.  wit  h  their  i^oods,  niercliaiiili 
anil  prod  nee,  to  he  dealt  with  as  cii  i/eiis  of  t  he  I  nited  .Slates  ;  it  hciiii;  alw  iiys  iimli  r- 
stood.  Ill  I  We  \  el,  that  not  hill;;'  shall  interleic  to  pre  \  cut  t  he  .\mcric:iii  <  oiveinmciii  linin 
malvin;;'  any  ie;;iilat  ions  icspceiiiii;  the  iiav  i;;al  ion  ol'  the  river,  not  incoii-.i>ieiii  \\;i;i 
the  tcriiiN  of  the  proposed  Com  I'll  t  ion. 

In  the  fiitiiie  appropriat  ion  of  land,  t  he  possessory  ri'.;hts  of  all  Ihil  i-li  settler*  "  i 
of  course  he  respected,  'i'lie  lliidson's  ]',^\\  Coinp.iny  should  he  conliriiled  ill  tlleincii- 
palionof  I'urt  \'anconvcr,  and  the  ailj:icciit  lands  id'  whii  h  the  Company  havelnii! 
in  piisscssion  for  many  years.  'I'lics  would  also  retain  such  other  stations  as  \vi;r 
iiec'.'ssary  for  the  eon  xeii  lent  transit  of  their  coinmerce  a  Ion;;  the  line  of  the  Coliiiiilii;i: 
hilt  .ill  other  stations,  or  frailin;;-iiosts,  connected  with  their  present  exclusive  iiylit« 
ot'  Imntini;'  and  ,of  tiiillic  with  the  n.'itivcs,  within  the  territory  smith  ol'thc  I'mm 
iiinlh  decree  of  latitude,  would  in  .ill  prohahility  forthwith  he  ahandoncd. 

'I'lie     l'n;;el     S<iiiiid    Am'ie'ill  iiral    Company    liasf   expended   coiisideiahle    >iiiii^  .i 
money    in    the    ciiliixat'on   and   improvement   ot'  l.iml   on    the  north   <d'  the  Coliinil'i  i 


;i\er. 


'I'liev  occiip\  t  wo  extensive  farm 


s,  on  which  they  jio'scss  laij;e  stocks  id' cult 

Clljd}- 


and  slie-'p.     'I'liese  parties  w  onlit  al.Mi  he  entitled  to   he  conlirnied    in    the  ipiict 
lllelit  ol'  their  l:ilid  :    hilt    if  the  siinatioll  of  the  farms  should  he  o|    pllhlie  and    |ii)llli 
ini'ioitaiice,  and   it    siiould    he  doiied    hy   the   <  Hivcrniiient    ol'thc  I  nited  ."^latc-.  il, 
whole  |iroperly  ini'^ht  he  i  iaii><fei  red  lotlicmat  a  fair  valuation. 

1  llii'iU  tli.it  these  jiroposals  for  an  •nljiislnient  ol  the  whole  <|nestion  at  issue  \\i.ii:i 
he  h'Mioiahle  and  ail\'aiita;;eoiiH  to  hotli  parlies,  it  can  scarcely  he  expccteil  lli:it 
eitlieroi'  them  should  now  aci|niesce  in  conditions  less  favorahle  tli:in  had  heeii  pii - 
\  ioiisly  (dVercd  :  and  it  may  icasoiiahiy  he  prcsiiined  that  each  will  at  the  piocni 
moment  he  prepared  to  make  lar;;er  concessions  than  heretofore  for  the  sake  ot'  |m';iii. 
I'lV  this  settlement,  in  addition  to  the  terms  proposed  to  ns  hy  Mr.  (i.-ilkitin  in  l-.'''p.  »■ 
should  ohtain  the  harhois  necessarv  for  our  coiniiierce,  as  well  as  an  increased  scrinii. 


for  onr 


s| 


•tiler 


s  and   their    pos.-essioiis ;   and    in  lien   i 


of  the  detached  district,  w  itii  ii- 


n;;lc  hai  hor,  olh  iid  h\  the  Miitish  rieiii|ioteiit  iaries  on  that  occisioii,  the  I'liitnl 
Stales  Would  acipiiie  the  w  hole  co;ist  with  its  various  harhois,  and  all  the  teiiilni) 
north  of  the  Colitinhia.  as  I'.ii  as  the  loiiv  -ninth  dceric  of  hit  itmle. 

e   amount   of  coiiiiieiisatiDii  m 


nmi. 


I    am   not    disposed  to  wei;;h  very  minutely  the  pic 
eipiivaleiit    which   may    he  received  i>y  either  jiaitv   in   the    cimrse  id'  llo  .  "eiioti;i 
hilt  am  content  to  leave  ••m^h  estimate  to  he  made  hy  a  lelereiice  to  hi;;her  coiiMii< 
tioiis  Ihiiii  the  mere  halanee  of  leriitoriai  I  'ss  ur  itain.     U'e  have   Hoiiy;hl  jieaec  m  il^ 
spirit   of  pe.-icc,  :inil   we  have   acted    in    tin-  |>i  i   iiasion   that  it  would  he  clieapl.v  I'lii 
chased  hy  hoih  connti  ics  at  the  expense  of  any  saciilice  which  should  not  tariii^li  'I  ■ 
honor  or  allecl  the  essential  interests  of  ciilnr. 

I   have  now.  therefore,  only  to  inslriicl    von   to  infonu    the  Anicriiaii  .Secictiirv  "i 
.'''late  I  hat  v  on  hav  e  I  teen  ,'int  lion/cd  and  .'in-  pre  parol  lo  conclude  :\  (  on  vent  ion,  vvill 
out  dchi.v ,  loiinded  on  the  condit  ions  set  foiih  in  tins  dis|iatch. 


I  am.  tV  c 


AIlKKId  i;v 


Oil  tlif  siiitic  liiv  tlu'  tollowiii.:  dispiilrli  was  also  ndtlnsscd  In  M 
I'akmliam  In  I.nid  Al)t'i»l»'«'ii,  iiH'losiiij;  tlif  draught  ui  prdjcct  ol  tl 
Tivaty  : 


i;». 

,Sii;  :  With  lefi  nn 


Ma\   I -I'll'. 
inv  di-'rii'  li   No.  I-  of  thi-  dale,  J  iiansmii    to  sou  hcirwiiii 


ihedinn;lii  or  project  of  a 'I'rrut  •• .  »m  h,  at  lea-t  in  its  essential  parts.  a>- ili-r  M;i,i''>i} 


rioN. 


SK(  OM)  AND  DKIIMIIVK  STATKMKNT  nT  (IK'KA'I'  HIMTAIN.     I'l'lj 


iiiiiiniinicatiiiii  witi, 
•re  Willi  tlif  iii)vs( s. 

t'<l    tllilt    >Ciir(lly  ;i!| 

pit'tl  iis  llif  liiisi.  1,1 
iilijt'ct  lulls,    wlihh, 

lltl'    tllilt     til)-    line  1. 1 

II  tllr  IJiicky  MiMiiJ. 
roiiMli  ilic  ccMtcr III 

Cilic    (  tl't'iUI.    IfllVill;; 

(iiisHf.ssiiin  iit'tiicat 

lintli  |itii';illt')  iifl.'it- 
I  h'iv.T.  call.-.l  Mir- 

It'll   til  till'   I  hliUnii'. 

I  till'  saiil  ('iiiii|i;i!i\. 
!>■.■  i;!'  ! /!.'.!  lisi'i.  Willi 
liiioils,  ini'iiliaiiili'.  . 
iriii^  alw  avs  iiinli  i- 

II  <  iiiVrl'llllli'Ml  iViilii 
it    illl'l>ll>i>|l'llt    Willi 

Miili-li  s^•ttl^■|•^  w:\ 

ilii  iiii'il  in  til I'll- 

'iiiii|iaiiy  lia\i'  luiii 
i-r  staliuiis  as  wiii- 
lit'  of  till'  ('i)liiiiilii:i; 
•:it  I'Xi'iiislvf  ri^lit« 

Slllltil     III'    t  111'    loll 
llllllllU'll. 

iisiilrraldi'    siini^  "i 

til     of    till'    (  'lllllllllil  I 

irj;i'  stiM'Ks  III'  riiltii- 
ill     till'    iplirt    rlljii) 

|)iililir  ami  |iiilitiril 

'   I    llill'il    Slatr>.  tl' 

si  inn  at  issiii'  wiiiiM 

ly  III-    t'Xlirrti'il  tli;it 

ilian  liail  liri'ii  pi" 

w  ill   at    till'  iMi'Miii 

till'   saUi'   III'  prill  I. 

Jallatin  in  l-".'ii.  »■ 

II  inrri'llsi'il  M'rllllt\ 

111  ilistrii't,  \\  iili  it- 
ni-.isiiiii,  till'  I'liili'i 
ml  all    till-  triiili'i} 

of  I'liiiiipriisatiiiii  "I 
111'  till  .  "I'ljiitiiiiii'ii. 

III  liijiliir  coii.Mii. . 
siill;;lit   prarr  ill  tli' 
illil   111'  rlii'ilply  piM 
luilil  nut  taiiii^li  ii ' 

'ill  an   Si'i'ii'liiiy  "I 
a  (,'iiii\  I'lit  iiiii.  «ii' 


AT.  Kin  1 1. 1 A 
(Idii-snl   to  M^ 

n  |iro|('ct  of  till 

Ma\  1-.  I'll', 
ml    I.I  \(iu   lirli'Milii 
Is.  u.'lli'lMii.j'-i.^- 


lMiM'inlllrllt  art'  |iri'pari'<l  to  ruiirliiilr   with  tlir   I'liiti'il  Stall's  I'm'  tlir  linal  siltliiii'iit 
.,l  till'  Ori';;i>Il  i|tlrslliin. 

Tlial   |ii'iiji't'l   may  lu'  iiii<h-rMtoiMl   tocmiMiily  all  tlif  romlltions  wliirli  aii-  rmi- 
\iii]    sidiTi'il  liy  us  as  '  imlispi'iisalilr.     'I'lir  wiirilin>;  of  tlii'  Arlidrs  iiiav  lir  allrrril  a.i 
may  III' ili'i'iiii'il  rxprilii'iil,  lull   llii  ir  siilotaiu'i'  iinist  lir  pri'siTvril,  nor  ran  an,\ 
i.'.i'iitial  ilcpiirtiiii'  fi'iiiii  that  siilislanci'  li  ■  ailiiiittril  on  tlii'  |iart  of  litrat  Killain. 

riir  pi'i'iiinlilr  may  lin  consiilriril  as  opi-n  to  any  alti'iation  wliiili  may  lii'  pioposi'il. 
,,hil  wliirli   yon  may  think  I'Siii'ilii'i  •.     In  tlir   inoji'il  whirli  I   hiiM'si'iit  you,  tlii'ilili- 
iliiiii  III'  li'irilory  ailoptnl  in  llir  ( ■oiivi'iitiiiii  of  1-'J7  liiu,  ln-i'ii  ailhrri'd  to.     Thai  ili'li- 
iiition  appi'ars  In  In-  Ihc  most  snilalili'  ami  opi-n  to  llii'  li-asl  oliji'itioii. 

If  llii'  I'liitril  Stairs  (iovrrnmrnl  slioiilil  a;;rrr  to  our  Irrnis,  snrli  or  iiraily  sinh  as 
ilii'V  air  now  pioposril,  yon  will  ilo  wrll  to  ha.slcn  as  iiinrh  as  iiossihli-  ilir  conrlusion 
mI' ilii'  'rrcaty,  sinci'  tlir  prrsi'iil  ('onslilnlion  of  tlir  Smatr  apprais  in  olt'i-r  a  yiraliT 
iliiiiicr  of  ari|nii'srt'iiri'  of  that  imporiant  limly  in  tliosi'  loiiilitions  than  nii;;ht  hr  prr- 
-iiiii'il  al  any  fiilnii'  pi  rioil. 

If,  nil  ihr  olliiT  liiinil,  till'  I'l'i'siili'iit  slioiilil  tli'dini'  to  arcfpt  tliosr  Iriiiis,  ami  slioulil 
iiiiiki'  any  ronntt'i-iuopositioii  rssi'iitially  at  variiinro  with  llirir  miIisI.iiui',  yon  will 
i\|ii'i'>s  I'l'^rirt  thai  you  possi'ss  no  powi-r  to  ailniil  any  siirli  moililii'iilioii,  ami.  w  itiioni 
JiMiliilrly  n-Ji'i'tin^  wlialrviT   )iriiposal   ma\  lir  >nliiiiitti'il   on  ihr  part  of  tlir   I'liiti'il 

>tatr~,  VI  Ml  will   irfi'l    tlir  W  hull'  lllllt  trl'  to  \  our  ( ^iiv  I'l  llllli'llt , 


I  IIIII,  vV*.'. 


Ai{i;iM»i:i:\. 


Tlicdraiinht  or  projccl  wiis,  as  icoiiol.s  the  (If.sn  iptioii  (»!  tlic  lioiiiidaiy 


now 


ill  (|iu'.sti(»ii,  iili'iiliciil  Willi  the  Trcatv  a.s  iiHiiiiatcIv  ratilicd. 


(Ml  till'  .saiiH'  (lay,  also,  Mr.  Mai-Laiif,  wlio  liail   iM't'oif  this  tiinr  sue 
rt't'dt'tl  Mr.  I'^vi'irtt  as  tlir  I'liiti'd  States  .Minister  at  Luiuloii,  addri'sscd 
.1  It'ttt'i' to  .Mr.  Iliicliaiiaii.  as  follows  : 

l.iiMiiiN,  Mail  H.  I-H'i, 

^lli:  1  ii'i'i'iM'il,  lull'  in  llu' day,  on  tlir  l.">th  iiistaiil,  (  |-'i  iday, )  your  dispalrh  No,  "-iT, 
'.iiril  till'  "jsth  of  .\piil.  1-  III,  liaiismilliiiy  a  notii-r  fni'  II  h'  aliro<;'alioii  of  ihi-  ( 'oiivcii- 
iiiiiiiflhi'  lllli  of  Aii^^iist,  1—J7.  lii'lwi'i'ii  till'  rnilril  Stall's  and  (irral  Mrilain,  in 
,111  oidanci' with  ihc  irrms  pii'srrilii'd  in  tlu'  lliid  .Vrlirlr,  iiistiiiiiinn  lui' to  drlivrr 
Mm- iiiitii'i'  lo  Ilcr  Itritaniiir  Slajrsly  in  pi'ison,  or  to  llir  .Majt-sly's  I'riiirip.il  Si'cri'l.iiy 
"f  Stall'  for  l'"ni'i'i;in  AtVaiis,  as  v  ill  lir  most  ay;ii'i'aldi'  to  llrr  .Maji'-ly's  wivhrs,  and  at 
ilir  Ml  nil'  liiiii'  Iraviny;  llir  modi'  of  tin'  di'li  vny  ol'  tin-  not  ii nliirly  at    iii\ 


OU  11    I 


ilrtlnn. 

I  will  of  coiMsi'  I'xi'cnti'  .\iiur  inslrmlions  at  tlir  i-arlii'st  jirai'ticiildi' inninriil.  As, 
li.iwi'M-r,  I  could  only  asi'i'itain  llrr  .Maji'slv's  wislirs,  wliiili  I  um  diri-rlrd  In  I'liiisiiil, 
iliiiiii;,di  llii'  I'riiiripal  Si'i'ii'iary  lA'  Stair  fnr  I'niri;^.!  .\tlairs,  siilliiu'iit  tiiiii'  has  tint  yit 

I II  iilfordt'il  for  llial  piirposi' ;  and.  in  tin'  iiiidst  of  tin'  pr"paratinii  i>t'  my  dispatrln-s 

llir  till'  sti'ami'i'  of  to-inorro\v,  and  of  my  •'iijjajjriiii'iils  ai  tin-  l''ort'i;;n  OHi.'i'  roniii'r'.i'd 
null  mil'  of  till'  lopii  ■  of  this  li'iti-r,  it  has  not  hrnn  in  my  power  to  i;ivi'  to  a  .siiliji'it 
"iMi  iiiiirli  iinpoi'tani'r  that  di'lihrration  wliirh  I  am  si-nsildr  a  prnprr  rxcrrisi' nf  thr 
iliHririiciii  I'oiitiili'il  to  nil' rt'i|uiri's,  'rii-mnrrnw,  hnwrvi'r,  1  prn|iose  to  si-rk  an  iiitn- 
■  ii'W  willi  Lord  .Vlii'idrrii  for  llii'  piirposi',  and  withoiil  loss  of  liini'  linally  lo  i'mtuIi' 
}'iiir  insti  lU'.lions  in  llu'  modi'  that  ma\  lir  drrmid  niosi  rffrrtinil.  I  may  adil.  'hat 
illlliill;;ll  it  is  allnui'tlirr  proli.ililr  that  Ihr  prrsrnt.lliiill  of  Ihr  liolirr  111  IliT  Ma|r>l\ 
ill  pi'iMiii  will  not  111'  iidmissilili'.  and  thai  wlii'ir  a  Tiraly  mav  lir  aiiniillnl  upon  iioiirr 
'111'  party,  thr  Hindi' nf  dilivrrili;'   llir   lintiir  liiiil  linl    lir  drprlidrlit    iipiin  tin-  ilssciil 


if  tll.'iitlii 


.M't,  ill   till-   plrsrlll     lllstaliri'.    1  iln    lint    Ilpp 


111    llli'lr  will    hr  ailV  diDi 


I'llty  ill  ;;ivin;t  and  irrris  in;,;   thr  nntii'i'  ill  a  inodr   niiiluiill\   sat  isfactorv ,  and   iii  rui 
I'Miiiity  with  iisjijir  ill  siirh  lasi's. 


II  niv  lasi   dispMii'li.  i  No.  'I'.t,  i  datrd  on  tlir  :til   instant,  allrr  an  iiilnx  lew  wit  h  Lord 


A'li'l  ill  I'll.  I  infill  11  in  I  Mill  I  hat  as  .snnli  as  hr  rrcri  vrd  nllli'ial  ilili'lli;>riiri'  of  thr  Smali-'H 
^<>ti'  Mpiill    till'  I'l'sidlllioU  id'  llolK'i'  111'  would    lirori'i'i!    tiniilly  to  rousidi'r    llir  sllliirrl   of 

<>i<';;iiii,aiiil  ilirni  .Mr.  i'liktiilia  it  to  siili  nil  a  fiirtlirr  pioposiiiou  upon  Ihr  pai  t  of  lliis 
'iiiNi'i  iiiiii'iil,  and  also  that  ii  was  iindi  isiood  that  hr  would  mil  hr  pi'rsrnlrd  Irom 
i  iKlliy;  this  roillsr  liy  any  disiijilrrlnr  il    lirtwrrn  thr  two  lloilNrs  as  lo  ihr  fnilii  of  llir 

liiillrr, 

I  liavi.'  iinw  lo  ai'ipiainl    you  lliat,  al'trr   llir  rnripl  of  \nur  dispalrlirs  mi  tlii-   l.'iih 

ili'^tailt  \i\  till'  ( ','ilrdiillia,  I  lllld  a  Irii;;!  Iiniril  rnnfrlrlirr  with  Lord  .Mirlilrru  :  mi  whirli 
'"iMsinn    Ihr  irsninptinn  111'  till'  Iir;iii|  ill  t  inn    fnr  an    aniiraldr    sitl  Irmnil   nf  t  h.'  <  »lr^oli 

'  'i<"<tinii.  and  Ihr  iialnrr  111'  till-  prnposilirii   hr  rnntriiiplaii'd  siiliinittiii^  I'm  that    piir- 

i"'^r.   Inlliii'd  Ihr  sulijrrt   iif  a  full  and  t'lrr  i'nn\  rlsat  mil, 

i  ll.nr  iinw    In  stair    thill    ilist  I'llrt  inlls  W  ill    lir  I  railMilit  Iril    to. Mr.    I'akillliaill    h>    thr 

Mi'iiiiirr  i>i'  tn-niori'ow,  to  snhmit  a  iirw  and  fiirlhrr  propodlinn  mi  tin-  part  ol  this  lim  - 

rrnimnt,  for  a  partition  of  tin-  Iniitors  in  dispnir. 
'^i\  ]  ■  riir  propiisiiioii,  most  prolntlily,  will  ollri  snlislantially  : 


m 


L*:;n 


.olMlIU  T.sr    WATKlf    linlNbAHV    AI.'IUTIJAll*  ».\. 


I''ii-I.  rci   (li\ii!i'    iIh'  IcniUiiy   liy  llir   cxri'ii^iuii  iif  llic   line    nn    ilic    |imi;iIIi'|  i,|  |( 


III  til 


ii ;   I  hilt.    I-.    Ill  >;iv 


III   III 


111'    lllr    M'U    Cilllril    liinlr^    r>;i>  ,  llirlli  r  liv  ll 


CiiiiJil  »!"•  Ann  mill  .Sliiiils  nf  I'ncu  In  I  lie  ( iicim,  iind   (•niiririiiiii;^   In  tin'  I  11 1  till  St  II 
wlial.  iiKli'fil,  tliry  woiilil  |HisM'ss  williiiiil  iiiiy  s|irti;il  nnilii  iiiMt  imi.  llic    liulil  Irnlv  ti 
nsi' mill  iiiiv  iuiilf  lilt'  Slr;iil  lliiiiii;;liiiiit  its  rslciit. 

SfttiiMl.    to  si'cnif  to  till'  Itiiii.sli  siiliji'iiH  iircii|iyiiiL;   l;iiiil>;,  I'mls,  mul   slat  inns  miy. 
v\  licir  ill  till' ri';>i<iii  iMii'tli  III'  lilt'  Ciiliiiiiliia   ami  mhiiIi   nl'  llu'    rniiy-uiiilli   iiatallil,  i 
|ii'i'|ii'tiial  t  ii  ll-  III  all  llii'ir  la  nils  ami  statinns  nl'  \\  liirli  tliry  may  lir  in  arliial   iirrii|i:i 
tinii;   lialilr.  liiiwt'M't.  ill  all    irs|ii'i'ls,  as   I  iimli'i'slaml.  Ill  llii>  jni  isilii'tiiiM   ami   >iimi. 
•ij;nty  of  till'  I  iiiti'il  Stalls  as  ciii/ciis  1)1'   tlic   I'liiliil    Slal"s.     Similar   |iri\il 


III-  iiDrlril  til 


II'  cNli'mli'il  In  r 


ili/i'iis  III'  t  111-   I  'iiilcil  Stal 


I's  Willi    ma 


V  lia 


I'^I'S  will 
VI'   sell  li'llH'll!- 


mii'tli  ul' till'  I'm  lyiiiiil  It  jiarallrl:  tliiiiiuli    I    |iii'siimi'  it  is  inriiy  wi-ll  iimlristiMnl  || 
tlirir  air  im  sell Iciiii'iils  ii|miii  w  liii  |i  this  mmiinal  matiialit\  ruiilil  ii|iiM'ati'.  I    have 


iiicaiiM  III'  a  cf  1 1  la  I  rl.\  asni  laiiiiiii;  Ilir  rstiiit  nl'  i  lie  incsriil  Ui  it  isli  si't  I  Irmnits  lirtwiT 
till- CnlMiiiliia  ami  llir  rnfiy-iiini  li  |iaialli'l.  'I'liry  arr  iint  liclirx  cd  liy  Lniil  Aliciili. 
In  III-  liiimi'lnils,  linwcvcr  ;  rnlislsl  III;;,  as  he  sii|i|iiisi'S,  nl'  a  li'W  Jilivalr  I'alliis  ami  I. 
or  tliiic  tnris  and  statinns.  I  liaNc  alirailv.  in  a  \>vv\  inns  iliH|iat('li,  taUcii  llic  lilnit 
In  rcmimi  >nn  tli.it  liy  llnir  Cliaiiir  lln-  llmlsmrs  Hay  I'nmiiany  aii'  iimliiliitiil  tmi 
U('i|nii  in;;  title  In  Imnls,  ami  tlial  tin  nri'ii)iatinn.s  to  lie  ali'i'i'lrd  l>y  lliis  i'i'si'i'\,'itii< 
liavc  liciii  made  rillii'i'  liy  llie  st|iialli'rs  nl'  thai  ('nm|iany,  nr  liy  tin'  I'liurt's  Smin 
Land  ('um|iaii\,  Inr  the  |iiii'|iiisr  nl'cN  adin;^'  tin'  |irniiiliil  inn  nl'  ihe  lindsnn's  Ha\  Clin 
tcr. 


I 


II  "are.  in  |ii>iiii  nT  I'.-iei  alsn,  ai'i'iirdiii'.;  in  ( 'aplain 


WiM^ 


.•leenlint .  illll  i  \  iiu'il  :i! 


used  i'llii'll\    liy  the    IH'lsnlis  em|ii.i\  III    ill     I  he  .sel  S  iie  nl'  t  lie    Ininirr  t '<iniiian>  .  ami 
aip.iliaiy  In  their  ;^eneial  Inisiness  of  linntin'.^  and   liajiiiiii;;-,  lal  liei- than  with  a  \  ii' 


Is  11    lias  lieeli   I'elleiallV  si||)|iiisei 


I.  nl' 


iiii/inn  nr  nl  |iernianenl  sei  i  lenient. 


Lastly,   the    |irn|iiisii  inn    will  di'inand   I'nr  tin'   lliidsnns    liay  ('niii|iaii\   I  In'   ri^ilit 


lri'<'!>   naxi^iatiii;;  lln'  (  nlnmliia 


i;i\ 


ll  will,  linui'M'i.  as  I  nnileistand,  diselaim  t 


11'  lilea  II 


1'  sovi'lei^nl  \    nr  nC  I  he  liuilt  nl 


I'.vi'ri'isiny;  any  Jill  isdielinii  nl'  ]iiilici'  wliatrvcr  nii  the  part  nt'  I  Ids  ( invi'i'iinn'iii  mi'i 
tlir  ('nm|iany,  and  will  <'nnli'iii|ilalr  niily  llie  liiilil  nl"  na\  iijal  iiii^  I  lie  river  ii|iiiii  tlr 
saiiH'  t'nntin;;  and  acrnidiii;;'  In  the  sanii'  ri'<iiilatinns  as  may  in-  a|i|ihralil<'  tn  tin'  lii: 
Zi'lis  III'  the  I   niled  Stairs. 

1  lia\  e  already  ari|nainled  \  nii  tli.ii  Lnid  .\lierdei-n  has  very  |insii  i\  el\  and  i  xplirili , 

deelilii'd  In  Ileal  nC  the  lia  \  i;;at  inll  nf  llle  .>sl.  LaUleliee  in  cnlilU'rl  inn  with  that  III'  ill' 
<  'nlnmliia  ;  ami  thai  ex  en  il'  il  w  ere  desiraMe  In  ns  In  )irii|inse  tn  nl't'er  mie  I'nr  the  nllli  l. 
he  Wnilld  nli  ini  aeenlllit  elllel'  ititn  any  m';'ntiatinn  in  regard  In  the  St.  Lawielm. 
I'rnlil  the  d.ile  III  a  |il!Vale  letter  In  the  riesidelit  ill  .Vllniisl,  1  have  seen  lln  laiM- 
tn  cliali;;!'  the  n|iininli  thai,  ill  ail\  altelll|il  In  di\  ide  the  (  lle;;nn  ten  ilnry,  the  iihll:;;! 
tinli  I'ell    hy  this  ( iiiv  el  linienl   tn  I  IK  It  eel    Ihe    lights   nl'   their  snli.jecls    w  llii'll    may    lia\  ■ 

lieen  aei|nired  nr  lia ve  ;;rnw  n  n]i  dnrin;^'  the  Jninl  neeii|ial  inn,  wimld  11. list  iiriili;ilili 
iiiter|i<ise  the  ;iieiitest  dillienlt.v  ill  the  way  nl' an  amiealile  adjiislment.  And  it  is  iimv, 
iiliviclls  that  the  |irn|insed  reserxatinn  III'  llieri;;ht  In  the  lllldsnn's  l\:\\  Cnmiialiy  "! 
Ireely  iiavi^aliii;;  tlif- ('iilnmliia.  and  th.it  in  I'aMir  nl'  the  lirilisli  neeii|iants  mnilini 
the  river,  |iiiieeed  Irnin  this  sniiree;  altliniieliil  is  iiinlialile  that  ninre  nr  less  [iiiili' 
may  he  felt  at  ;;i\  iiie  ii|i  nnw.  wit  In  ml    w  hat  the\'  may  deem  an  adii|nale  ei|iiivali'iit, 

what    has  heeli   hillieltn  tendered  hy  nlir  lieniitiatiils. 

Ill   r.lel,  e\ee|i!    in  tile  siir render  in  Ihe  riiited  States   nl'  Ihe  title  nl'  the  lands  mil  n. 
('U|iied  liv   Mritisli  snlijeels  liel  wei'ii  t  he  ( 'nlnnilna  and  the  rnily-niiilli  parallel,  ami  ;iN  ' 
the  surrender  nf  the  inrisdiei  inn  n\  er  the  river  and  the  ennnl  r\'  w  itliin  Ihe  same  liiiiu» 


I  am  al'raid  it  i 


iia\ ,  w  !i  ll 


sniiie  plaiisilnlity,  lie  ennteiided  that  I  here  is  mi  \  eiy  n 


ialrl1:li 


lilVeleaee  lielweell   the  present    |iriipnsit  inn  ;:!!•!  t  li.'ll   nlleled  tn    .Mr.  (iallatill   li\    .Mi>M- 

.\ddiii;;Inii  and  lliiskissnn,  the  liiiiish  iie;;iii  ialnis  in  l-'.'T. 

It  is  seaieidy  iieee.ssary  fur  me  111  state  that  the  iirnpnsitiim,  as  miw  snliiiiilteil.  Iii- 
mit  leeeixed  my  I'lillliteiimiee.  ,\lllinii;;h  il  has  lieeii  lin  easy  lasU,  nmler  all  the  in 
eiiinstames.  In  lead  tn  a  i e-npeniiii;  of  the  in';;ni iat inn  hy  any  prnpnsitinii  rrniii  tlii- 
(invi'i'iiineiit,  and  In  imlnee  il  In  adnpl  the  parallel  nt'  roi'tynine  as  the  liasis  ol  :i 
liniindary,  lleveitlleless  1  linpeil  it  Wnlllil  have  lieeii  ill  my  power  In  jfive  the  ]ili'Sili! 
prnpnsitinii  a  less  nlijeel  inmilile  slia]ie.  and  I  llinsl  deeply  lament  IIIV  iliahllil  y  to  aci'iHH' 
]ilisli  it.  I  have,  theierme,  fell  it  my  dills  In  disemiraiie  an,\  expeelatinn  that  it  wuiiM 
he  aeeepted   liy   the    I'lesidelll  :    nr,  il'   sllliniitled    tnllial    lindy,  ap.ilnved  liy  the  Si'll:lli'. 

1  till  lint  think  there  ean  he  innt'h  dmilil,  Iniwever,  that  an  iinpressinn  has  lieeii  ln"- 


tllleeil  here  th.lt  ll 


-enale  w  iinid  aeeepi  I  he  pri 


^itinil  nnw  nflered,  at  least  will 


any  material  imidiliealinn,  and  thai  the    I'resident   wniild  lint    take  the  resiinii 


[xv]      liility  nl' lejeelini;  il   w  il  liniil  eiilisn  It  iii^r  |  lie  Sella  It'.      ll'*lhere   lie   any   re:i 


.llllll 


n  niVer  li>s  (ill 


lile  yrniiml  Inenleiiain  siieh  an  ini|iiessioii,  lioweN fr  errniienns,  an 
.ii'C'tionalile,  in  the  lirst  iiistaiiec  ai  least,  eniiltl  hardly  lie  expeeletl. 

It  may  he  eniisitlereil  eertaiii,  also,  ill  iny  npininn,  that   the  nller  now  in  he  i 
not  to  lie  snlitiiiitei'i   as   an    nltiniatnm.  and    is   not    intended  as  siieh  ;   tlinn;;h  1    li:'^ 


ilil' 


leasun 


III   ki 


that    .\|r.  I'aki'iiliaai  will    nut    lie    .intlnirizeil    tn 


•pt  nr  rejet't  any 


sKCHND  ANi»  i»i:ri\rrrvK  <TATi:Mr.Nr  or  (jkkat  iihitaix.   '2'M 


tilt'  |iMl;illi'l  III'  I'l 
\\.t\  ,  llirllcc  liy  til,. 
I  till'  I  'iiitiil  Stall  > 
llir    I  inlll    III  ily  I.. 

,  mill  stiitidiis  aiiy- 
y-iiiiitli  iiiinilli'l.  I 
ill  ai'tiiiil  ixi'iipa. 
ilii'tiiiii  anil  >iivi'i- 
iliir  |iii\  ili-ni's  will 
\  liavf  xfltirini'iii' 

ill  llllilrisliiiiil  l|i:|- 
i|ii'rati'.  I  have  iii 
I't  I  Irllicllts  liitWiTM 

liy  Lmil  Alifiilicii 
vail'  I'ai'iiiH  ami  t .  , 
I,  taken  t  In-  lilirit . 
It'  ))ri>liil)itril  fim: 
iiy  tins  ri'st'ivatii''! 

I  III'    I'liui't*-*  Siiniiil 

I  iiiNuii">  i!,iy  Chill- 

imt.  illll  i\  aii'il  MI'i 

I'  ( 'iiiii|ian\ .  aiitl  :i~ 
tliaii  Willi  a  \  ii'"' , 
t  Ii'iiii'iit. 
iipaiiy   llii'   ri^lit  i.i 

\     111-   III'   till'    I  iiilit   Hi 

I  iiix  iTiiiiii'iii    mill 

Ii.'   I  iviT     ll|liili     til' 

ihralili'  III    t  III'  ill;- 

\  ily  anil  i\|ilii  it' , 
Hi  wit  Ii  I  liat  III  ill" 
T  Diir  I'lir  till'  iiilii  1. 
tlif  St.  LaxMiiiii. 
ia\  !•   si'cii    nil  fiiii^i' 

II  ilDiy,    till'  nlill^'l 

<  w  liifli  may  li.n  ■ 
mill  ii.ii.sl  iiiiilialii'. 
'lit.  Anil  it  is  iiiiv. 
s  May  Ciiniiiaiiy  i>\ 
iii'rn|>ants  nmili  "i 
iiiiH'c  or  less  |)iiili' 
|i'i|iiatr  ri|iii\ aliiit. 

Ill'  tilt'  l.•lnll^  mil  II' 
Ii  paialli'l.  ami  :iN  ' 
hill  till'  sanii'  Imiiiv 
is  nil  \  riy  nialiiiMi 
(iallatin  liy  Mi-mv 

iiiw   siiliinilti'il,  llii- 

iiiiiliT  all   till'  I'll 

iliiisitimi  I'niiii  tlii- 

•■  as  till'  liasis  III'  ■! 

to  jrjVI'   fill'   lUl'SIll! 

iiialiility  ti>  iiiinin- 
alioii  that  it  wmilil 
ivi'il  liy  till'  Si'iMii'. 
ssinn  IniN  lii'iii  jii''- 
'il.  !it  Irast  wiiliiiii' 
1  lakr  till'  if^iiiiii' 
ri'  III'  any  ifaMini 
lis.  an  iili'cr  hs^  "'' 

llllW    III   111'    lllillil'  !• 

■Ii  :    tlliiil;;ll   1    llil^' 
cri. jit    lir   I'l'jl'rt  nil' 


liiiii  tliat  ni.ix  II 


M'     llI'lllMtSl'l  1    III 


I  iiiir  |iart  :   Imt    tlia!    In 


in  siii'li  rasi',  111'  iii- 


rtril  til  I'i'trr  I  III'  iiii ill i lii'at  iiMi  III  his  ( iii\  I  rniiit'iii . 


It  1".  ii'it  III  III' ili-^iiiiisnl  ihat.siiii'f  thf  l'ri".iili'nl'-<  anniial  ini'ssjiiri-,  ami  t),,'  imlilii' 
".iii^-iuii  that  lias  «iilisi.i|in'nily  t.tkiii  |ilait'  in  tin'  ."^in.iii'.  it  w  ill  In-  ilithiiill.  it'  not 
iii|i(issilil '.  to  i-iiiiiliii't  till'  iii'^iit iatimi  in  its  I'ninii'  stasis  witliunt  ii'I'iti'iu'i' to  tint 
.|iiaiiin  III  ."^I'li.'ilors,  or  liii'  IVoni  s|M'i'iilat  ion  as  to  ilii'ili'>.'ri'i'or  rontiol  tlify  may  fXiTi'lsc 

,i'r  till"  I'i'siilt.     W  hafmiT,  tlifffl'mi',  mi;;ht  Ih- |ttiiili'nt   ami    ri'^nhir    in  thi'  oiilinaiy 

.1111 t'  fliiiiiis.  I  think  it  oCtlir  utmost  ini;ioi'taiirf,  iijioii  tin'  pn'si'iit  orrasion,  it' thf 

;':  ■siili'iit  slionlii  iliiiik  |iro|ii'r  to  |irii|iiisi'  any  niotliliratiun  uf  tin'  nll'iT  to  lir  laailf  hy 
Mr.  i'aki'iihani,  that  thf  nioililiiatiiiii  slniiilil  hf  niiilii'siiiiiil  a>  |in>si  »>,inM;  |||(.  loniiir- 
■■■tii'i'  ol'  thf  t'o-oiilinatf  liiamh  of  thf  'I'lfaly  Towi'i'. 

It  is  not  f.isy  to  iiin  ji'iinif.  w  itli  any  if  it  a  inly,  ihf  f  xtf  n!  to  w  hirli  i  lii-<  (  mi\  ii  iiiinnl 

MiL'lit  lif  iniliii'fil   to  I lily  thf  jiioiiusil  ion.  I'Vfii   it'  llify  shunlil   lir  a^^iiiiil    llial    tin- 

siitiilf.  no  Ifss  than  ihf  I'ltsiili'iii.  ilcniaiiilfil  il.  Il  iniist  not  f-ia|if  iili>f  i\  at  ion  thai, 
iiriiiU  thf  iiifffiliiiLt  ailiniiiistialiiin  ol'  mil-  <  iovfinini  lit ,  thf  f'.lfnsiiin  uf  tiif  liiif  on 


I'lHiy-ninl  II  jiar.illfl  to  thf  .*«lrait  nt'  I'lii-a.  as  now  p 


'■III 


il  hy  I.oril  Ahirilfin.  wa^ 
illy  Hny:y;f.sl  I'll  hy  my  iinnifiliatf  pifiliffSMir  as  oiif  lif  llion;.;lil  hi-  (JoMininrnt 
iii;lit  ai'fi'pl  ;  ami  that,  in  ifjiai'l  to  thnsr  i;nj;li>li  suhjii'ts  who  woiilil  hf  h  tl  within 
Viiii'i'iiaii  Jill  isilii't  inn  hy  ailopt  iiiL;  I  hat  Itonntlaiy .  In-  foii.siilf  ifil  I  li.'il  l  lif  pioN  i-.ioiiH  ol' 

\rtirlf  II  ol'  .lay  "s  'I'lfaly  as  a  pi i ilfiit  lor  a  fiin\  f  iiifiit  motif  of  ilfalin;;  ^^  jth   thi'iii. 

Ilv-Vrtiflf  II  III' .lay 's  Trfaly,  howi'Sff.  Iliilish  siiliji'fts  woiihl  not  only  lif  scfiiiiil  in 
ill-  ahsnliilf  t  itlf  to  all  t  hf  ir  la  in  Is  ami  f  Iff  its  as  In  Ily  as  iiy  I. mi  I  .\lif  rilf  f  n'-  priipo'<i- 
lint  won  hi  hf  allovM'il  thf  option  to  iiiiil  iiiiif  as  Itiit  ish  xiihji'f  ts,  anil  w  it  hunt  any 


,llt':.'ianii'    to  thf  (io\  f  i  ninfiit  of  III'    I'liitfil   .'^tali 
i.'fii'^  tillfi-,  as  I  nnilf  rslainl    it.  I  In- y  w  niihl   not    pos 


.  hifli,  arioiiliiiii  to  I  .mil  .\hi  r- 
In    point    of  I'ai  t,  thf  if  I'mi 


siilistaiilial  |i'iints  ol'  thf  pri'st  at  oit'i'C,  ami  tlio-f  whirli  may  Iw  f\pfiti'il  to  In-  ri'- 


is  niosi   iilijfft ionahli',  ari'   liMlf   m 


'ii'l's  or  ■■n;^j;i'sl  imis  w  huh, 
iMin  dill'  ow  n  iii'ijot  i.ilms. 
I  liaVf  in\  si'ir  alw  .ivs  liil 


Ml'    tl 

.'it    tlill'fi'f nt  liiiif-,  li.i ' 


laii    thf   f niliotliinfiit   ol   thfxaiioiis 


f.  Ill  sun 


If   I'm  III  or  III  hri',  p 


ilfil 


il.  iftl 


If  fxtfiisiun  of  thf  lint'  nl'  hoiinilaiv  mi  thf  I'ml' 


nth  )iar.illi'l  hy  thf  Str.'iil  of  I'm  a  to  Ihf  sf.'i  w  niihl  hf  ai'ffptahlf  to  mir  (  hix  i-i  iiini'iil, 
'  i.il  I  111'  ilf  iiiainl  of  a  rii;hl  I'lff  ly  lo  iiavi>;.'iti'  Ihf  Coliimliia  liiviT  won  It  I  In- t'oniprmni-ftl 

mill  a  point  III'  I  inif,  hy  foiiffiliny;  it  for  sinh  pffiotl  an  mi;;ht  hf  iifffssaiy  lor  thf 
1  nil'  III'  thf  llnilson's  May  Company  nmtli  or  smith  of  thf  rmty-iiinl  h  para  I  If  I.  I'.ntf  r- 
■iiiiiii;i  i;ri'at  lonliilf lift-  in  that  opinion,  ami  ilffiiiini;  il  only  riMsmiahlf,  I  cmil'i'ss 
'ii:it.  ri'iim  an  i-arly  pi'rioil,  I  liavi-  nsfil  f  Nfi'y  aiunnifiit  ami  pirsnasimi  in  my  p'lWfr  to 
'xiiiiilf  l.onl  .Mifnlffii  to  siifh  a  liniital  ion,  ami.  .iltlimiH|i  I  am  i|iiitf  awaif  that, 
Mill  .1  portion  ol'  thf  l!riti>li  |iiililif,  an  iniportani'f  uhiih  it  hy  no  nifaiis  ilfSfivi's  is 
.'larhfil  to  thf  na\i;iation  ot'ihi'CiiIiinihia  l,'i\  ir.  .mil  in  that  orothfr^  il  i-  iiiiih'Sf  rsfilly 
";.'iiit|fil  as  a  point  of  iniilf,  I  liavf  lucii  ilisappnintfil  hy   thf  pfitinafily  with  whifli  il 

:i»  liifii.  at  so  innih  ri-k.  iiisistftl  upon,  l-'fi'liiiir  \iiy  >iirf,  howi-Vfr.  that  thf  pifsfiit 
'^I'P  is  not  iiiailf  or  inlf  nilfil  as  an  nit  iinat  niii,  I  think  il  only  ifaMMiahln  to  in  If  ran  fx- 
;"'i'tatiiiii  mi  t  hf  part  ol'  t  lios"  w  ho  art'  olt'f  riiiir  it,  not  mily  that  niinliliiat  ions  may  hf 
•iirsii'sii'il,  hilt  that  tiny  may  hf  ifasunahly  ifiiniii'il.  .\iiil  thfifrmf  1  still  fiitiitain 
111'  tijiiiiion.  I  hai  alt  limif  !i.  I'rom  a  varif ty  nl'  I'ansfs-  -in  part ,  pi' rlnips,  I'lom  an  I'Spffta- 
'  mil  that  in  thf  In  it  I'll  .""ita  I  IS  this  pi  lint  may  not  hf  a  hsoliit  fly  iiisistftl  upon,  ami  in  part 
'nun  ili'lfri'iiif  to  inlfri'sts  anil  iniprfs>ions  at  limnf — tln-y loiilil  not  hf  iniliiffil  in  thf 
''i>l   iiiNtaiiff  to  inakf  an  otri'i'  w  ith  smh  a  i|iialilifatioii  ;  yit,  il  tin-  ailjiistnifni  ol'  tin- 

H-siion  slionlil  hf  rmintl  lo  ilf  pfinl  upon  tliispnint  only,  tlify  wmihl  yiflil  thf  ilfinanil 

"  ihf  |if  nnani'iil  n.i\  if  .ilimi  of  thf  rivf  r,  ainl  In' fonlinl  to  ai pt    it  for  sin-li  a  niiin- 

iiilil  .1  lion  I  all  thf  snhstaiiti.-il  ailv  aiita"f->  lo  thii>f  intf  rfsi>  tin- \  lia\  f 


I'ars  as  w  i 


'•I  111'  y 
■Mitiriilarlv  III  V 


ifW    that    II 


Illll 


III'    ifasmiaiilv    i 


li'Mri'il.      If  tl 


If    only  iiiifsiimi    upon 


Mi:i'h  thf  ail  j  list  nif  III  ot  t  hf  <  ir  ;.Min  t{nf  st  mn  ilf  pf  mlf  tl  nIioiiIiI  hi-  w  hf  I  Inr  I  hf  iia\  i<. 
'lull  "I  ihf  Coliinihia  K'i  Vf  r  .'•  imilil  I  if  ni.'iiitfil  I'm  a  pf  liotl  siiflif  ifiit  li>  >iilisf  isf  all  I  hf 
!iiii|iiisi"^  III'  Itritish  siihjfits  within  I  hf  ilispntitl  tf  riitmy  ,  or  w  lif  thf  r  thf  i  if  hi  shmihl 
ill' I'Miinlitl  imlf  linili'ly  to  a  jiartif  iilar  ilass  of  Ml  ili-h  siihji'cts.  I  nni-t  hfln-sf  tliati 
'II'  lai);lish  statfsnian.  in  thf  faff  of  his  ilfiiial  of  a  similar  pri\  ilfy;.'  to  .Vnifiifaii  fiti- 
-"'iis  in  ifjiaiil  to  thf  i^t.  I.awri'iiff,  wonlil  lakf  thf  ha/aiil  upon  this  point  almif  of 
'lis|iirhiii;r  thf  pfiiff  of  thf  worlil.  Inih'fil,  if  thf  saiiif  Ministry  from  whom  tin- 
piiscnt  niifr  proiffils  shoiilil  foiitiniif  inastfis  of  thfiiowii  |iriipositimi   hy  iiinaininn- 

Il  iifliff  until  till-  ijiialilitatimi  I  am  aihfitiii^  to  wonhl  havf  to  hf  ilfiilt  with.  J  shmiltl 
iiil  I'liliii'  foiiliilfiifi-  ill  thf  hfliil   I  havf  now  f\prfs>t'il. 

I  ri';4ri'i  to  sa,\,  hov,  i'\  fi.  that  I  liavf  not  ihf  li-asl  i'\  pfft.it  ion  that  a  Ifss  ri'si-r- 

'^^  i  j  \  at  ion  than  is  'propnsfil  in  fa  vor  of  t  hf  m  f  npants  nl  lainl  hf  t  w  ffii  t  hf  <  'olniii- 
hii  jinil  till'  forty-ninth  jiarallfl  wmilil  hf  ar>sfntfil  to.  I  may  ifpfat  my  fmivif- 
'iii'i.  liMimlftl  iipmi  all  tin-  ilisi'iissions  in  whiili  1  havfliffii  fiiya^ftl  lifif.  that  in 
'ii'ikiiiv'  partition  of  thf  nrfj{oii  'Ifirilory  ,  thf  pinlfitimi  of  lliosf  intfifsis  wlinli  liavi' 
^iiiAii  lip  ilnrinj;  thf  Joint  ofi'iipation  is  ifyanlftl  as  an  imlispfiisahlf  ohlij; atimi  iiii 
Mil' siiiri.  of  hnnnr.  anil  as  impitssihif  to  hf  ni'^lff tfil.  I  am  i)iiitf  siiif  that  it  was  at, 
"III' tiiiif  in  'oiiti'mplation  to  insist  i  pmi  tlif  fri'f  navi;;ation  oi'  thf  Coliimhia  Itivi-rfor 


I 


FT 


2a2 


NOUTIIWKST    WATKK    IKMNDAUY    AKHl  TKATH  ».\. 


ltrili>ll  Mllijrrts  ;ih<l  III  il  isli  rniiitiK'l  rr  •.•rlirlallx,  illlil  tllill  it  liil.>  lii'iMi  lilt  lliiillilv  <  uli- 
lilli'd  til  tlir  llllilxin'^  IS;i\  ('ii|ii|i,'ili> ,  iitlrl  );lr:il  I  t'si>lilliri',  jillil,  in  I  lii' i  nil,  ninsi  |,.. 
llli'tailtly.  I>i'ill|r  •«>  t  nlililli'il.  iMiWrSir,  it  Wnlllil  In-  nlilv  Irasiillillilf  til  limit  till' 
rllJiiN  llirllt  III'  till-  l'i;:llt  tn  il  )irl  iml  lii'MilliI  W  liirll  tlir  i'ii|il|i{|ll,\  llli|;llt  ililVi-llii  i:ri';it 
lilijrrl  III  IIM-  till'  IJVrr  tm  llir  |ilir|iii>rs  of  tlii'ir  tlililr,  lint  llir  inli-l  I'NtM  nf  tin-  lillli>|| 
sMlijrrls  who  liJiNr  M'ttlril  ii|miii  ami  air  orriipvin;;  lanii.-  mntli  <il'  llif  InrlN  niiiil,. 
arc  I'linHiilt-ri'il  as  iii'iinaiirnl.  ami  rntilli-il,  wln-n  |ia->>in;;  iiinlrr  a  ni-\v  Jiii  i.>ilirtiiiii.  tu 
have  thrir  ]ii)>,Hi's.siiiu  MTiiifl.  'I'liis.  at  Irast,  is  tin-  view  taken  nl'  ihr  Miliji'it  l>\  iln, 
(iiivi-i'iiinrtil.  ami  imt  at  all  likely,  in  my  ii|iiniiiM,  to  lie  i'lia!i;;ril. 

1  llia.V    ailil.  ton,  that     I   have    nut   the    least  leaHon   to    >-II|i|iom'  it    wonhl    he  |iiis>il 


ill'  Il 


olilain  the  e\li  nsiiMl  of  the  t'ol'tN    liihlli    jiaiallel  to   the  sea,  ->o   as  to  ;;i\  e  t  lie   miIIIIiiiii 

»ai I'  \  amnnstrs  i^lanil  to  the  I  nileil  Slates. 

1 1  may  not  In-  amis>,  lie  lore  leas  ine  this  snlijei'l.  to  eall  yoin  :i*l<  nt  ion  In  t  he  |iii>iiliiii 
<if  the  lUesenl  Ministry.  The  sineess  nl'  theil  nnasilles  lespeet  in;;  the  )ilii|iiiieil  iiiiii. 
ineieial  lelasatioii^  Is  ijiiile  eeitain  :  ami  the  Coin  Hill,  has  ini;  now  linall.s  |iassei|  tin 
Ijonse  III'  ( 'ohimoii>.  may  In-  eN|ierteil,  at  no  lemole  llay ,  to  pass  t  he  I, III  I  Is  hy  a  majiiiilv 
no  less  ileeisi\  e.       I'lolntliat    t  illle,  how  e\  el,  t  he    tieW'hirll   has  hit  hel'ln  kept    the   \\  li,^ 

parlv  in  snppoi  t  of  Sii  li'olieit   I'eel   will  lie  ilissolveil ;  anil  the  iletenniiiatioii  nl  tin 


olerlionist   parts,  who  suppose  ihelilselM'S  to  have  lieeli  lielraseil,  to  illixehilil  I 


llllll 


tillire,  has  lost  none  ol'  its  vi;;or  or  power.  Imleeil,  il  is  eonliileiitlv  reporled,  in  i|ii:ii' 
ler.s  eiitilleil  to  ureal  res|iert.  that  they  have  even  iitlireil  to  the  Icaili  T  nl  the  \\  lii^ 
party  io  seleet   his  own  lime,  ami  that,  when   ho  in  I'failv ,  they  will  liu  no  less  iiiepainl 


to  t'oree  Ministers  to  lesin;n. 


1 1 


lave  reason 


to  k 


that,  at    )iiesenl.  Ministers  tlujiiiselves  lulieve  a  ihan^e  ti 


iiiexilalile,  ami  are  eoiisiilerin;;  only  the   inmle  anil  the  lime  in  whieli   it  will    he  i t 

likely  to  happen.  It  will  not  lie  Ion;;,  alter  the  snecess  nl'  I  he  ineasni'es  I'or  the  li'iiiii', 
of  the  Coin  haws,  liel'ore  oppiii  I  unities  enon;;h  I'm'  the  aeeomplishmenl  of  the  olijrii 
will  oi'i'iir.  The  I'aetory  Mill,  re;;iilalin;;  the  hoiirs  of  lalior,  w  ill  aM'nril  one,  anil  iini.i 
inolialily  that  onwhieh  theelmnxe  will  take  jilaee.  With  a  know  leil;re  that  the  i!iaiii;i'. 
sooner  or  later,  ninst  he  nnavoiilahle,  ami  that  the  oiler  has  lieeii  niaile  to  the  prnlialili 
heail  of  a  new  Ministry  to  seleet  his  own  time,  may  it  mil  he  expected  that,  iiisti'inl <>i 


aitin;;' ipiielh   to  allow  the  Whi;;    leader  to  select    the  tiini;  of  coiiiili; 


th 


le  piiM  III 


rreiiiiei'  will    rather  select  his  own  time  and  imiile  of  ;;iiin;;'  out,  and,  with   his  iisiiai 


sajjacity, 


re;;ilhlte  his  retirement  as  to  leave  as  few    olislacles  as  piissilile  to  his 


mil 


toialioii  to  power.'  Ill  that  case  it  is  not  very  unlikely  he  wonhl  iirefer  ;;oiii; 
upon  the  I''aetory  Hill,  hefore  taking  ;;riinml  upon  more  important  iiieasiiies  ;  and,  if  m>. 
It  will  not  surprise  me  to  witness  the  comin;;  in  of  a  new  Ministry  hy  the  end  of  .liiin. 
oreailier.  With  a  know  lei|e;e  of  the  proposition  now  to  he  made,  I  am  not  prepiiini 
to  say  that  one  inoie  olijectionahle  mi;;ht  have  heeti  appiehendcd  from  a  Whi^  .Miiii~ 
try;  unless,  indeed,  the  present  (oAernmenl  may  he  sn|iposeil  to  he  pi'e|iareil  toarii|ii 
i|iialilieations,  when  proposed  li>  the  I'resideiit,  which  il  w  as  unwilling  at  lirsl  to  nliii 
I'pon  that  supposition.  It  mi;;lil  he  desirahle  that  the  imidilicat ions  should  he  olliini 
het'oie  the  comiii;;  in  o(  a  new  .Minister,  who.  lindiii;;  only  the  acts  of  his  piidece^^ni, 
w  ilhont  a  know  leilM).  of  his  intentions.  Ill i^ht  not  he  so  ready  to  take  the  respotisihihi" 
of  assent  in;;  to  a  clianp'.'  --..•. 
1  have,  i\c., 

I.ol'IS  Mai  I.AM;. 

'i'lic  r»»llo\viiio  \v;is  .Ml'.  I'iikfiiliiiiii'.'^  i'c|MHt  iiltt'i'  rt'ct'iviiig  Loi'd  A'k'I 


Wasiii-m;  iiiN,  ■hiiii  7,  l-li' 


(liM'ii's  tlispatclii'.s  ol'  iMli  May 

[No.  iw.] 

Mv  liiHin:  ller  M.'ijesty's  fJoveniiiient  will  1  ecessarilv  he  anxious  to  hear  as  soon  .1- 
]iossilile  the  result  of  my  lirst  commiinicalions  with  the  rnited  .'states  (■ovcrnmeiii.  :ii 
)iiiisiianie  with  your  Loiilsliiii's  instructions  of  the  1-th  of  May,  on  the  .siibjeit  nl 
*  >l'e;;on. 

[xviij        'I  ai'i'oriliny;ly  take  ads. 'intayie  of  the  ile|i.irlnie  of  the  (ileal  IJritain  sti;iii 
sliiji  to  aci|naiiit  soiir  Lordship  that  I   had  \esteidas  inoriiin;;  a  ronfeieiiie.  !•}• 
appointment,   with  Mr.   Iiiiehanan,   when   the    ne;;(iliation    for  lliu  settlemt'iit  of  lln 
(M'eeoii  (finest ion  was  tormalls  resumed. 

As  the  hest  explanation  svhiih  I  conld  oiler  of  the  motives  svliich  had  indiici  il  lli " 
Majesty's  (iovernnient  to  instrmi  me  to  make  a  fresh,  and,  as  your  lvordshi]i  hoimi.  ■' 
linal,  proposition  for  the  solntion  oi  these  lon;;-existin;;  dillicnlties.  I  read  In  Mi'  I'"' 
c  ha  nan  ;in  extract  from  your  Lordship's  dispatch  No.  h".  liey  inn  in;;  ss  ilh  the  woitis.  "I" 
this  state  of  allairs,  it  is  a  ni;itter  of  some  anxiety  and  donht  svhat  steps."  A  e..  tu  tin' 
end   of  the  dispatch.     It  seemed  to  inc   that   there  was  iiothiiij;    in  the  nhsi  rvati<in» 


'  Tlif  last  three  para;;ra]ilis  of  fills  li'tter  an-  niiiitti'd  liere.    They  have  no  rcliilimi 

to  the  i|nestiiin  liefole  the  Alhitialol.  and  Ihes    have  lint   (as  III'    as  llel     Mi'jis|\ '.  (li'V- 
<-rnine:it  knos\  )  hicii  [i;iiil:slnd  hs   the  I'liitid  States  (iovernmciit. 


Ion. 


htCONM  AM)   KKFIMMM:  >1.\TI.M1;M    of  (iKKAl    UKllAIN.     'J.'i.S 


fii   iilijiiuiii  l\  („i|. 

II    I  III'   lllll,   IIMlst    I,.. 

ilili-    Id    limit   III.' 

Ulll     IlilXr  nil    mi;it 

hnI>«  III'  llic  liiiti.l, 

III'   lllr    liillv    lillilli, 

ifw  ,imi>iliciinii.  I,, 

till'  Mllij.'!-!    Iiv    II,,, 

mill  1)1'  |iiis<.ili|i'  I,, 
i\  V  llic   Militln  III 

I  illll  III  I  ill'  llll>llll>ll 

t 111'  inii|iii-iil  cciii,. 

liii.'ill.S   jiii.'-M'il  iIm 

.iiiiIn  liv  II  inii|iiiii\ 

•ItO    kl'i'lt     till-    Wll.; 

ti'i'iiiiiiiitiiiii  III  till 
to  ili'ivt'  liliii  iiiiii, 

ri'|)ii|'tril,  ill  i|ll;i|. 
fJlilcl  of  till'  Will.. 
lit;  no  If.ss  |>|-c|iaii(l 

cvo  a  fliantii'  i<i  li. 
I'll  it.  w  ill  III'  iiii»! 
iiiir.H  for  I  he  if|iial 

llirllt    (if   till'  lllijcrl 

loi'il  oil)',  anil  iiiiKi 
if  that  tlii'rliaiii."-. 
iiilr  to  till-  prolialili 
li'il  that,  in^ti'iiiji'i 
lini;  in.  tlir  iui'miii 
ml,  with  lii.i  iiMiiii 

possililr  to  his  l'i'>- 
I  inrtrl'  ^foili;;  out 
taMirt's  ;  ami,  it'  mi. 

>y  the  I'llll  of  .lllln. 

I   am  not   |ii'i'|iaiiil 

ioni  ii  \N'lii;t  Miiih 

|ii'c)iari'il  to  air>|ii 

iiiji  at  liist  to  lllln 

IS  silOllIll    III'   oDl'llli 

ol'  his  itrtilcci'sMii. 
•  '  tht'  ri's)i(iiisihiliiy 


MIS  Ma.  I. am: 
iiig  Lord  Alit'i 


ui.\,  ./(((((•  7,  l-lii. 
s  to  lirar  as  mikIi  a« 
tcM  Govt'inimiii.  ;ii 
,  oil  tlic  snbji'i  t  "I 

teat  Hritniii  stum 
I;;  a  ront'crt'iii  c .  ''V 
M'ttli'iiu-nt  ol   i!.' 

h  hail  imliK'ri!  Il> : 
]^oi'(lshi|i  |iii|iiii.  .1 
t.  I  read  to  .Ml.  I'>> 
I  ill)  the  \voitl^,"h' 

stops. "  iV  '■..  to  tlil 

111  t  III-  iilisi  1  \  alii'i.- 

y  lia\  ('  no  rihilii'H 
111    M.'Ji'vtv '■  (ii'\ 


taiiioil  in  this  jiait  of  \iiiir  l.oiilship's  instniitions  w  hirh  mi;{ht  not    lio  ail\aiita^o- 

„.f>\\  iiiaiio  known  to  llio  .Vmoriran  (iosoiiinii'i.t. 

Voiir  l.oiilship's  lan;;iia;:o  appoait'il  to  niako  a  ;:oimI  ileal  of  ini]iirssinii  upon  Mr. 
i;iirh.iiiaii.  .Mill  I  ii  ail  to  him  tin-  oMiail  which  I  hail  pnpariil  from  tlio  ilispatiii, 
;„  ii'i|in'siril  to  ho  allowoil  to  roail  it  ovor  himsolf,  in  ni.v  pii'soiico.  \\illi  whioh  roi|noHt 

I  III' coiir.so  complioil.  I  thoii;;ht  it  liosf  not  tojoaN*-  a  oop.\  of  it  in  his  hanils,  has  in^ 
:i\irw  tho  possihlo.  altlioii^li  Hot  pi'olialilo,  I'ailiiio  ot  till'  iii'^otialioii  whioh  ini^ht 
;.  mill  it  ilosiralilo  to  iloli\cr  to  hini  a  oo|iy  at  loii^tli  of  tho  ilispatoh,  w  ilh  a  \  iow  to 
N  iiltiiiiato  pnlilloal ion. 

1  tlioii  laiil  lii'foro  him  a  oopy  of  tho  ilraii^ht  of  a  (  onMiition  whioh  aooonipaiiioil  ,\<inr 
LiiiiMiip's  ilispatoh  No.  I'.l.  wliiih  .Mr.  itiiohanaii  saiil  ho  wmilil  iininoiliatoly  siilitnif 
iitlio  rrosiilont  lor  his  ooiisiiloration.  .\  miniilo  ot  what  passoil  liotwooii  ii>  was 
;iii'ii  ilrawii  up  ami  si;;noil,  with  tho  iliaii^ht  ol  tho  pro|iosoi|  ('nn\ontiiiii  t'oiin.illy 
,iiiiii\iil  to  it. 

.Ml.  Itnolianan  frankly  tohl  nio  that,  in  his  o)iinioii,  tho  only  |iai't  ot'  tho  proposoil 
iiiaii;:omont  likoly  to  oooasion  any  sorioiis  ililhoiilts,  was  that  rolatin;;  to  tho  navi^a- 
'inii  of  tho  Colnmliia,  for  ho  said  tli.it  tho  stroni^ost  oliji'otion  osisioil  to  ;;iaiitini;  tin- 
:iir|ii'tiial  fiooilom  of  tho  navigation  of  that  rivor.  I  iliil  not  fail  to  point  out  to  him 
111- ;;riat  ilitforonoo  which  ox  istoil  hotwoon  a  jiorpotiial  ami  ;;;onoral  irooiloni  of  navi- 
^aliiin.  ami  tho  ijiialilioil  li^ht  of  na\  i;;atiiin  contomplatoil  in  your  i..onlship's  ]ii'opi).>4i- 
iiKU.  ill' ailniittoil  the  force  of  my  ohsorvations  in  thissonso,  Imt  1  colloct,  from  what 
li'll  h'liiii  him  on  this  point,  that  an  attoiiipl  will  ho  mailo  to  limit  the  jiroposod  com-os- 
•Hiii  III  the  till  I  a  lion  to  the  exist  in;;  chart  or  of  tho  11  ml  son's  Kay  Company. 

At  i  o'clock  xosterday  i  voiiiiiy  I  a;;aiii  mot  .Mr.  Itnolianan.  hy  appointment,  w  hen  he 
'iiM  nil'  that  tho  I'rosident  had  come  lo  tho  determination  to  suhniit  imr  whole  piopoMi- 
'inii  III  the  Sonati'  for  their  ad\  ice,  and  that  it  would  accordin;;ly  ho  sent  to  t In-  .Senate  at 
.iiirariy  day  with  a  Message,  whioh  Mossii^io  nii;;lit,  and  proliahh  would,  sn;;;;est  sumo 
Miiiililirations  of  it.  \\'liat  these  moditioations  mi;;ht  he.  Mr.  Itnolianan  said,  had  not 
it  liron  determined  ;  hut  I  iina;;iue  they  will  not  involve  any  thin;;  o.s.sontially  hostile 
'<!  till' adopt  ion  of  the  proposed  arran;roniont,  or  which  may  not  he  overcomo  \ty  t'lioiidly 
:.<'^iiliation  and  explanation  hetwcoii  the  iwo  (iovornmonls. 

.\s  lelatos  to  the  Senate,  my  l.,ord,  wlion  we  consider  the  imidoiate  ami  conoiliatoiy 
spirit  in  whioh  the  entire  ijiiostion  of  nroH;oii  lias  heeii  treated  hy  a  lar;;o  majority  of 
iliat  holly  since  the  openiii;;  ot'  the  present  session  of  ('oii;;ross,  I  think  it  iiia\  he 
laiily  oxpeclod  that  their  advioc  to  the  i'residont  on  the  loforomo  whioh  is  ahont  to 
III' iiiaile  to  them  will  rather  favor  than  impede  an  early  nnd  satisfactory  termination 
"I  tile  (>ri';;on  dillieiilties. 

I  >liiiiild  add  that,  in  addition  to  what  Mr.  Itnolianan  said  ahoiit  the  iiii\  i;;at ion  of 
:li<'  (  iiliimhia,  he  ;ravo  it  as  his  opinion  that  it  would  ho  neoossary,  and  even  ad\  isahjo, 
■  nil  the  \  iow  to  .ivoid  future  inisnmloi.<tamlin;;.  to  deli  no.  or  provide  for  the  early  doli- 

iiiiiiiiif,  the  limits  of  the  farms  and  hinds  now  in  the  occupation  of  tin;  ru;;et  Smind 
Aili'ii'iiltiiral  ('oni]iany,  ami  which  it   is  propo.sod  shall  he  oonlirniod  to  the  Association 

II  liirpotiiity.  To  such  a  proviso,  if  conceived  in  a  spirit  of  liherality  and  fairness,  I 
iiiiii;;iiio  that  ifor  .Majesty's  (iovornmont  will  have  no  olijection.  Itiit  upon  this  point, 
II  vvi'il  as  what  relates  to  the  navi;ration  of  tho  Cnlnnihia,  I  will  act  with  due  caution, 
lllll,  III  the  host  of  my  hiimhle  jnd;;niont  and  ahility,  in  ooiiformit.v  with  the  spirit 
iiiil  intention  of  voiir  l.orilslii|i's  instructions,  as  sot  forth  in  vour  Lordship's  disimtcli 
Nil.  r.i. 

I  have,  iVc, 

]{.  TAKKMIAM. 


Oil 


the    null  of  .Iiiin',  till-    ricsidciil   dl'  ilic  liiiU'd  States  sent    this 

■'(>  to  t  III'  S<>iiii  ti>  • 


.M('>;.s;i;;ii  to  the  St'iiiite  : 


I  lay  hot'ore   the    Senate  a   proposal,  in    tho  foi  111  of  a  Convention,  piosoiitod  to   tlio 

'I niaiy  of  State  on  the  (Ith  instant,  hy  the  Knvoy  I'.xtraoidinary  and  .Minister  I'leii- 

ipolontiary  of  Her  Ihitannic  Majesty,  for  the  adjiistmont  of  the  ( lioyon  i|nes- 

^viii"]    Hon,  too;et  her  with  a  protocol    of  this  proeoodiii;;.     I  'snlunit  this  jiroposal  to 

the  coiisidoiation  of  the  .Senate,  and  loipiest  their  ad v  ice  as  to  the  action  w  hioli, 

.a  ilii'ir  iiid;;inent,  it  may  ho  proper  to  take  in  rofeience  to  it. 

Ill  iho  early  periods  of  the  (iovernmeiit,  tho  (i]iinioii  and  advice  of  tin;  Soiiate  were 
"lii'ii  laKi'ii  in  advance  upon  important  i|uestions  of  our  foroi;;n  policy,  (ioiioral 
\\asliiiiuion  iepeatedl\  n;-iilted  tho  Senate,  and  asked  their  previous  advice  njioii 
I'liiili;;;;  iie;rot lilt ioiis  \,i'li  i'-  1  ;;i;r:i  Powers;  and  tiie  Senate  in  every  instanoo  respoiid- 
"I  III  this  call  hy  ;>iviii  J  tin  ii  iilvico.  to  which  he  always  oonformod  hi.s  action.  This 
I'liii  lice.  thou;{h  iar«d.\  lo.i.rii'd  to  in  latter  times,  was.  in  my  iiid;;nient,  eminently 
^^i-i',  and  may.  on  ocoas  im-,<i  ;;reat  iiii|iortam'o,  ho  properly  revived,  'i'he  "donate  ani 
•'I  liraiieh  of  the  Tioatv  ■  inai  ii;;;  I'owor :  and  hy  consulting;  them  in  ad  v  a  nee  of  his  own 
■I'tiiiii  upon  iiMpiirlai  t  ineasnies  df  t'oioinn  policy  which  inav  iiltiinatt  ly  come  heforo 
'lllln   for  lluii    ooiisiiliial  loll,  the   riosidoht    soi  iiros   harnioii.v    of  aotion  hotwoon  that 


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234 


NORTHWEST   WAYER    HOUXDARY    ARIUTRATON. 


I'-" 


Si    I 


Uody  and  liimsclf.  Tlit;  Sciinto  are,  inorcdvcr,  a  hrancli  of  tlio.  Avar-iiiakinH:  I'dwci-,  ainl 
it  may  be  finmently  ]ir(>]K'i'  tor  the  Kxreiitivi;  to  take-  the  oiiiiiioii  and  advici'  of  tlur 
liody  in  advance  n]ion  any  ^icat  •incsti'On  wliicli  may  involve  in  its  decision  the  i>siii> 
of  ]iea(H;  or  war.  On  tlie,  ]>resent  occasion,  tlie  nnij,vnitnde  of  the  snbject  wonld  indiui' 
nie  under  any  circumstances  to  desire  tiu!  jirevicnis  advice  of  the  Senate  ;  and  tliat  di'- 
sire  is  increasiMl  by  thc!  rciUMit  ilel)ates  and  i»roceedinys  in  (;'(»nij;ress,  Avhicii  render  it. 
in  my  Judgment,  not  only  respect fnl  to  tin;  Senate,  but  m;ce.ssary  and  proper,  if  m\ 
inilispensal)le,  to  insnr(!  harmonions  action  liet\ve(?n  that  body  and  the  E.\ecnti\'e.  In 
conferrinjr  on  the  Kxecntive  the  authority  to  <;ivc  the  n<itice  for  the  abroi^ation  of  tli.' 
Convention  of  lir'*i7,  the  Senate  a<'ted  ])nblicly  so  larj^e  a  part,  that  a  decision  on  ili' 
l>ropf)sal  now  made  by  the  liritisli  (iovernment,  witliont  a  delinite  knowledn(;  of  th.' 
views  of  that  body  in  I'el'ercnce  t(j  it,  mij;iit  I'cnder  theqnestion  still  more  comidiciiiiil 
and  diflicnlt  of  adjnstment.  For  these  reasons  I  invite  the  considei-ation  of  the  Sen- 
ate to  the  projiosal  of  tlu!  iSritish  (iovernment  lor  thi'  settlenii'Ut  of  the  Oi'cj^on  (|iiiv. 
tion,  .and  .'isk  their  inlvice  on  tin;  snbject. 

My  opinions  iind  my  iiction  on  the  Oreji'on  <|nestinn  wcr(>  fully  matle  known  to  Vnw- 
f^ross  in  my  annual  >I(;ssaf;'e  of  the  2i\  of  December  last  ;  and  the  oi)inions  therein  cx- 
[iressed  renniin  nnchan<.i;e<l. 

Should  the.  Senate,  by  the  constitutional  nnijority  re(|nired  for  the  ratilicatioii  (it 
Treaties,  advise  the  acceptance  of  this  ))roposition,  or  advise  it  with  such  nloditicatillu^ 
as  they  nniy,  ui»on  full  delilKsration,  deem  i>roper.  I  shall  confoi-ni  my  action  to  Tlitir 
advice.  Should  the  Senate,  however,  decline,  i)y  siudi  constitntional  majority  to  y;!'..' 
such  advice,  or  to  (express  an  opinion  on  the  subject,  I  shall  consider  it  my  duty  t'l 
reject  thc!  otter. 

I  also  eommnnicate  herewith  an  extract  fioni  a  disjiatch  of  the  Secretaiy  of  State  to 
the  Minister  of  the  United  States  at  London,  under  date  of  the  '^sth  of  April  last, 
<lirectin<j  him,  in  accordance  with  tin;  Joint  resolution  of  (Jonj^i'ess  "  concerning' tlif' 
()re;;on  Territory,"  to  deliver  the  notice  to  tlie  JSiitish  (Jov(,"nment  for  the  abrojfatinii 
of  the  Convention  of  the  (ith  of  An.i>nst,  18.i7  ;  and  also  a  co]iy  of  tln^  notice  transmittiil 
to  him  for  that  purpose,  together  with  (extracts  from  a  dispatch  of  that  Minister  to  th-i 
Secretary  of  State,  beariug  date  ou  the  18th  dav  of  Mav  last. 

JAMES  K.  POLK. 

Wasiiixotox,  June  10, 1840. 

On  the  same  day  the  Pro.si<l(Mit"s  ]Me.ssag:c  was  consideretl,  and  a  mo- 
tiou  that  the  JMossajio  and  docinnonts  comnuinicated  therewith  be  if 
ferred  to  the  Committee  on  roieij>n  llehitions  was  negatived,  as  was 
also  a  motion  to  postpone  the  fnrtlier  consideration  thereof  until  l"»tli 
June. 

On  the  two  next  following  days  the  consideration  of  the  ^Message  was 
continued,  and  aii  amendment  proposing  the  addition  of  a  proviso  to 
Article  II  was  moved  ; '  but  ultimately  it  was  resolved  on  a  division,  by 
.■>8  votes  to  12,  that  the  President  should  be  advi.sed  to  accept  the  pro- 
posjil  of  theliritish  Oovernment. 

Ou  l.'Jth  fJune  ]\[r.  I'akenham  reported  to  his  (Jovernment  as  follows: 

No.  77.]  Wa.siiixotox,  June  13,  184i;. 

Mv  Loitn:  In  conformity  with  what  I  had  the  honor  to  atato  in  my  dispatch  No.  fi'^, 

of  the  7tli  instant,  the  President  sent  a  Message  on  Wednesday  last  to  tlie  Senate  siili- 

mittin<{  for  the  opinion  of  that  body  the  dranj;lit  of  a  Convention  for  the  sctUi - 

[xix]     inentof  t]ieOre<;on(]nestion,  which  I  was  instrncted  by  your 'Lordship's  dispatdi 

No.  19,  of  the  18th  of  May,  to  propose  for  tiie  accoptimce  of  the  United  State*. 

After  ^  tew  hours'  deliberation  on  each  of  the  three  days,  Wednesday,  Thursday,  and 
Friday,  the  Senate,  by  a  nnijority  of  IH  votes  to  12,  adopted,  yesterday  eveninfj,  a  n  <- 
olutiou  advising  tlie  Prtisident  to  accept  the  terms  projioscrt  by  Her  Majesty's  "liovcin- 
rnent.  The  President  did  not  hesitate  to  act  on  tiiis  advice,  and  Mr.  Buchanan  accord- 
inMy  sent  for  me  this  morning,  and  informed  mo  that  the  conditions  ottered  by  Ih'i 
Miljesty's  Government  were  accepted  by  the  (roven.ment  of  the  United  States,  witlioiit 
tlie  iihdition  or  alteration  of  a  single  word. 

At  the  beginning  of  our  conversation,  Mr.  Ihichanan  observed  to  mo  that  the  privilo<;<" 
of  navigating  the  Colnmbia  River,  which,  by  tlie  secmid  Article  of  the  C<mvention,  !•< 
seciHMMrto  the  Hudson's  Bay  Company,  and  to  British  subjects  trading  with  the  same, 
Avas  understood  by  the  Senate  to  lie  limited  to  the  duration  of  the  license  under  wliiili 
the  Companv  now  carry  on  their  operations  in  the  country  west  of  the  Rocky  Mount- 
ains; to  which  I  replied,  that  the  Article  proposed  by  Her  Majesty's  iTOveriiment 
spoke  for  itself;  that  any  alteration  from  the  precise  wording  of  that  Article  whiw 

'  Appendix  No.  .'>. 


'ON. 


SECOND  AND  DEFINITIVE  STATEMENT  OF  GREAT  HKITAIN.    23r> 


liikiii;;'  I'owcr,  ami 

iimI  mlvico  of  tlia* 

(l(HM.sii)ii  tin-  i>siio. 

))»'ft  would  iiidnc' 

iiatf  :  and  tliiit  dc- 

I,  which  render  it. 

and  projier,  if  ikh 

lie  Executive.     In 

ahroi^atiou  of  tin- 

a  (h'cisiou  on  lli' 

iciiowiedii'e  of  t!i" 

more  <'oinidi<'atiil 

ijition  of  the  Sii!- 

f  the  Orej^on  (|iir'<- 

ide  known  to  I'oi;- 
pinions  tiierein  r\- 

tht>  ratilieation  ut 
suuh  niodilieatiiiiN 
:ny  action  to  tlicii 
il  majority  to  jiiv.' 
ider  it  my  dnry  ti 

eeretary  of  State  r.t 
2^th  of  April  la<t. 
w  "  conceruinj;'  tli- 
,  for  the  alu'o;j;Mtinn 
1  notice  transmittc'l 
that  Muiister  to  tlw 

AMES  K.  rOEK. 

lered,  and  a  mo 
herewith  be  if 
'gativetl,  as  was 
lereof  until  l-")tl> 

;he  Message  was 

of  a  proviso  to 

m  a  division,!)} 

aeeept  the  ino- 

incut  as  follows: 

ox,  June  13,  1^4(1. 
my  dispatch  No.  t\-'. 
t  to  the  Senate  siili- 
ntion  for  the  settlf- 
Lordshii)'s  dispatch 
the  United  States, 
iday,  Thursday,  and 
•day  evening,  a  ri'<- 
r  Majesty's  tJovcni- 
Buclianan  acconl- 
ons  ottered  by  Hir 
ted  States,  wltliDiit 

e  that  the  privilo^ 
the  Convention,  !•< 
ding  with  the  same, 
iceiise  under  wliidi 
'  the  Uocky  Mount- 
jesty's  <;}overiuiient 
that  Article  wliit''! 


•lie  United  States  Government  niij^dit  wi.sh  to  introduce  wo)ild  involve  the  necessity  of 
;[  reference  to  Enj^laiul,  and  ef)nse(iuently,  to  say  the  least  of  it,  souu'  delay  in  the  trr- 
ii.i.iaviou  of  the  business.     This,  he  seemed  to  think,  under  all  tin;  circumstances  of  the 
•  i,se,  had  better  bi-  avoided,  and  it  was  linally  ajjreed  that  fair  cop.es  of  the  C(Miven- 
on  sliould  be  jirepared,  and  the  si,<;natnrc  take  jdace  on  Monday  next.' 
On  Tuesday,  probably,  the  Convention  will  bo  submitted  to  the  Senate ,  ^vhere  its 
qiproval  may  now  be  considered  as  a  matter  of  course,  so  that  the  Treaty,  with  tlit? 
resident's  ratilieation,  may  be.  forwarded  to  Eiij;land  by  the  (Jrcat  Western  steam- 
packet,  appointed  to  sail  from  New  ^'ork  on  the'^otji  of  this  month. 
I  Iiave,  Ac, 

K.  J'AKEXIIAM. 

Oil  ]()th  June  a  further  ^lessage  was  sent  by  the  I'resident  to  the 
Senate,  statinjr  that,  in  aeeordanee  with  the  resobition  of  the  Senate,  a 
Convention  was  eon(;hided  and  sijuned  on  l.")th  June,  and  that  Conven- 
tion lie  then  laid  before  the  Senate  for  their  (.'onsideration,  Avith  a  view 
ro  its  ratitieation. 

On  the  same  day  and  the  two  next  followino-  days  the  ^Message  was 
Iii'tbre  the  Senate.  Mv.  iJenton's  speech  was  made  on  the  18th.  Ulti- 
mately, on  a  division,  by  a  majority  of  41  votes  to  14,  it  was  resolved  that 
tli(^  Senate  advised  and  eonsented  to  the  ratification  of  the  Treaty. 

-Mr.  Pakenham  then  further  rei)orted  as  follows  : 

No.  Til.]  W.\siii\(;t(»x,  ./(/«(■  ■2:5,  l.~4i;. 

.Mv  Loiii):  I  have  the  honor  herewith  to  transmit  a  Convention  for  the  settlement 
"ftbe  Oreu'on  I'oundary,  which  was  sioiiod  by  the  I'nited  States  Secretary  of  State  and 
myself,  on  Monday,  the  ir)th  of  this  month.  The  tcsrms  of  this  (.'(>uventi(ui,  it  will  1)e 
M'cii,  are  in  the  strictest  conformit.y  with  your  liOrdshiii's  late  instructions. 

Oil  Tuesday,  the  Kith,  the  Convention  was  communicated  to  the  .Senate,  and  on 
Tiiiirsday,  the  IHth,  it  received  the  approval  of  that  body  by  a  vote  of  41  to  11. 

The  American  eounteriiart  of  the  (Jonvention,  with  the  I'resideut's  ratilieation  of  it, 
;s  forwarded  to  London  liy  a  s))ecial  messengi'r,  to  whose  eare,  witli  ^Ir.  ISuehaiiiin'.s 
lii'iniission,  I  commit  this  ju'esent  dispatch. 


I  Iiave,  Ac, 


R.  TAKENIIAM. 


Lord  Aberdeen's  dispatch,  in  answer  to  Mr.  I'akenhanrs  of  l.'Uh  June,, 
was  as  follows.  It  is  the  document  which  juoves  that  Mr.  MacLane  had 
seen  the  project  of  the  Treaty  : 

[xx]       *No.  :]0.]  FoKKKiX  OiM-iCK,  Jidie  ±),  1840.— 7'.  *'.  ./»/// 1,  1840. 

Sii! :  Her  ^la.jesty's  Government  have  received  this  day,  with  the  jjjreatest 
satisfaction,  your  dispatch  No.  77,  of  the  i:>th  instant,  in  wliich  you  announce  the  ac- 
I'litaiict;  by  the  Senate  of  the  dran<rht  of  Treaty  tor  the  settlement  of  the  Oregon  (pies- 
iion.  wliich  was  conveyed  to  you  in  my  disi)atch  No.  1!*,  of  tiie  18th  of  May,  and  also 
tilt!  intention  of  the  President  to  ))roceed  forthwith  to  the  completion  of  the  proposed 
Convention. 

In  your  dispatch  yon  state  that  Mr.  Ibichanan  had  observed  to  you  that  the  )>rivi- 
lff;c  of  navigating  the  Columbia  liiver,  wliich,  by  the  second  Article  of  the  C<uivention, 
is  secured  to  the  llndsem's  ]?ay  Comjiany,  and  to  IJritish  subjects  trading  with  the 
>aiiie,  was  understood  by  the  Senate  to  be  limited  ti>  the  duration  of  tiie  license  nude!' 
whicli  the  Compan.v  now  carry  on  their  operations  in  the  country  west  of  the  Rocky 
Mountains;  to  winch  observation  yon  very  properly  replied  that  the  Article  i)ropo8ed 
li.v  Her  Majesty's  (Jovernment  spoke  for  itself. 

Xotliing,  in  ia(!t,  ean  well  be  clearer  thai,  the  language  of  that  Article.  In  drawing 
it  lip  I  had  not  the  smallest  intention  of  restricting  the  British  right  to  navigate  the 
L'nliiiiilda  in  the  manner  supposed,  nor  ean  1  comprehend  how  such  a  supposition  could 
liiive  been  entertained  by  the  Senate,  for  I  have  reason  to  know  that  Mr.  MacLane  '"ully 
iiiiil  faitiifully  reported  to  hi,.  (Jovernment  all  that  |>assed  between  himself  and  nu> 
lespecting  the  navigation  of  the  Ccdumbia.  In  ever.v  conversation  that  we  held  oiv 
tin;  subject  of  tins  proposed  Treaty,  I  not  only  declared  to  Mr.  MacLane  that  we  must 
insist  on  the  permanent  right  be'iig  secured  to  us  to  navigate  the  Columbia,  but  I 
'Veil  (showed  him  the  project  of  the  Treaty,  and,  on  bis  expressing  an  apprehension 
tli.it  till!  provision  contained  in  the  secctnd  Article  would  not  be  accei)te«i  unles.s  the 
rijiht  of  navigation  wen;  limited  to  a  term  of  years,  i  positively  declined  to  acce<le  ttt 
this  suggestion. 


'  Appendix  No.  .'i. 


T^ 


236 


NORTHWEST    WATER    BOUNDARV   ARBITRATION. 


I  thiuk  it  rif^lit  to  stato  tliese  facts,  in  ordtii'  to  oJ»viiite  any  iiii.sajuwt^litMiNioii  which 
might  posNilily  lierealter  be   raised  on  tlie  coiistiuctioii  of  tliu  Hetoiid  Article  of  tin; 
Oregon  Treaty. 
I  am,  &.C., 

ABERI)K1;n. 

P.  S.  July  1. — SiiKte  writing  tliis  dispatch  I  have  Iield  a  ooiiversatioii  with  Mr.  Mm- 
liane,  in  whicli  ho  lias  fieeiy  and  fnlly  contirnied  all  tliat  1  liave  stated  above  witli 
reference  to  his  own  understanding  of  the  intent  of  the  second  i^rticle  of  the  Orcj^ini 
Treaty.  A. 

Two  subsequent  dispatches  of  IMr.  Pakenhain  to  Viscount  Palmer- 
stou  (who  had  succeeded  Lord  Aberdeen  as  Her  Majesty's  riincipal  Sec- 
retary of  State  for  Foreign  Affairs)  are  as  follows  : 

No.  100.]  W.vsnixcjTON,  Jttly  2[),  1-40. 

Mv  Lokd:  Owing  tii  one  of  those  irregnlarities  which  are  not  unfreqnently  witnessiMl 
in  this  country,  the  President's  Message  to  the  Senate,  snbnutting,  for  the  advice  and 
opinion  of  that  body,  the  proposition  lately  made  by  Her  Majesty's  Government  fortlu' 
settlement  of  the  Oregon  Question,  and  various  other  papers  connected  with  that 
transaction,  have  found  their  way  into  the  public  paj)er8,  notwithstanding  that  the 
injunction  of  sticrecy  has  not  yet  been  removed. 

Amongst  other  papers  thus  published,  the  collection  of  which  I  have  the  honor  to 
inclose,'  will  be  found  a  di'^patch  from  Mr.  MacLane  to  his  Government,  reportiii}; 
what  had  pasa<al  between  the  Earl  of  Aberdeen  and  himself  with  rel.ation  to  the  i)r()i)()- 
sitiou  which  Lord  Aberdeen  was  about  to  make  to  this  Government,  for  the  partition 
of  the  Oregon  Territory. 

It  would  appear  from  this  dispatch  that  Mr.  MacLane  had  no  expectation  that  the 
terms  proposed  by  Her  Majesty's  Government  would  be  accepted  here;  that  he  dia- 
cour.aged  any  such  exp'ictation  on  the  part  of  Her  Majesty's  Government,  cousideiinu' 
as  "erroneous"  an  iminession,  which  he  found  had  been  produced  in  England,  "  tlwt 
the  Seuato  would  accept  the  proposition  now  olfered,  at  least  without  any  material 
modification,  and  that  the  President  would  not  take  the  responsibility  of  rej(!criii<;  it 
without  consulting  the  Senate ;"  and,  tinally,  that  he  gave  it  as  his  opinion  to  tin^ 
American  Government  that  the  oti'er  then  made  was  not  submitttid  as  an  "  ultimatuin," 
nor  intended  .as  such;  in  f-hort,  that  some  modilication  of  its  terms  would,  without  uiuci; 

difticidty,  be  acceded  to  by  England. 
£xxi]  *lt  is  most  providential,  my  Lord,  that  Mr.  MacLane's  suggestions  did  not  suc- 
ceed, either  in  England,  in  deterring  Lord  Aberdeen  from  niakiug  his  otter,  ac- 
cording to  his  origiual  inteution,  or  luire,  in  inducing  the  American  Government  to 
stand  out  for  some  nu)dificatiou  of  that  offer  when  it  was  made  ;  for,  in  either  case,  all 
would  have  been  spoiled. 

The  President's  Message,  transnutting  the  proposition  of  Her  Majesty's  Govorniiipnt 
for  the  consideration  of  the  Senate,  is  very  guarded — upon  the  whole,  rather  deprecat- 
ing than  encouraging  the  acceptance  of  the  olfer;  but  in  this  course  the  President  ran 
no  risk  and  incurred  no  responsibility  whatever,  for  every  one  in  Washington,  at  all 
acquainted  with  the  disposition  of  the  Senate,  knew  that  such  a  proposition  would  be 
accepted  by  that  body,  by  a  large  nuijority. 
I  have,  «&c., 

R.  PAKENHAM. 


No.  10(5.]  W'AsijixdTON,  AiKjHst  i;{,  If'M). 

Mv  L()iii» :  The  injunction  ot  secieey  having  1  cen  removed  l)y  a  resolution  of  the 
Senate,  I  have  the  honor  herewith  to  transmit  three  numbers  of  the  Union,  ollicial 
newspaper,  containing,  in  an  authentic  form,  (Unionof  7th  August,)  the  papers  relative 
to  the  conclusion  of  the  Oregon  negotiation  which  I  had  the  honor  to  transmit  in  an 
unauthorized  form  with  my  dispatch  No.  100,  and  also  ( Unions  of  8th  and  10th  August ) 
two  Messages  from  the  President  to  the  Senate,  the  lirst  comnuinicating  for  api)roval 
the  Treaty  signed  here  on  the  l.'ith  of  June,  the  second  communicating  documents  not 
before  conununicated  to  the  Semite  relative  to  the  Oregon  Territory,  in  answer  to  a 
resolution  of  the  Senate  of  the  17th  June  last. 

Among  the  papers  thus nuule  public,  the  one  which  I  should  most  particnlarly  nconi- 
inend  to  your  Lordship's  attention,  is  a  dispatch  from  Mr.  Ihichanau  to  Mr.  MacKane, 
dated  the  I'ith  of  July,  1845,  (Union  of  8th  August,)  setting  forth  the  terms  on  which 
the  President  was  willing,  at  that  time,  to  settle  the  Oregon  question,  but  evidently 
with  little  or  no  expectation  that  those  terms  would  be  accepted  by  Great  Britain,  I 
might  almost  say  with  au  expectation  sciarcely  concealed  that  they  would  be  rejected, 

'  There  was  inclosed  iu  the  dispatch  a  copy  of  the  Baltimore  Sun  newspaper  of  2Ud 
July,  1846. 


SECOND  AND  DEFINITIVE  STATEMENT  OF  GKEAT  HRITAIN.    237 


ABERDKKN, 


(vlion,  to  use  Mr.  Bncbanan's  own  words,  the  President  would  "be  relieved  from  the 
cinbarrassnient  in  which  he  has  been  involved  by  the  acta,  offers,  and  declarations  of 
Ills  predecessors,"  and  be  Justified  in  goinj?  to  war  for  the  whobi  territory. 

The  remarkable  tliin<j  in  this  dispatch  is  tlie  c()nlidence  which  it  betrays  that,  in  the 
course  wliich  the  I'residenthad  made  up  his  mind  to  follow  with  reference  to  the  Orejfon 
i|iiostion,  he  would  receive  the  conntcnanceiindsnpi>ort  of  the  Senate  and  the  country, 
iveii  to  the  extremity  of  a  war  witli  Enj^land.  The  result  has  shown  that,  in  this  ex- 
]i('etation,  he  did  not  do  justice  cither  to  the  wisdom  and  intej;rity  of  the  Senate,  or  to 
the  intellijjcncc  and  good  sense  of  tlu;  American  jieople. 

Within  a  few  days  after  the  opening  of  the  late  session  of  Congress  it  bec.nme  evident 
tluit  ^Ir.  Polk's  policy  respecting Oreg(.n  was  vieweil  with  no  favor  by  a  large  majority 
(if  the  Senate,  nor  was  the  war  cry  raised  by  the  more  ardent  partisans  of  thcAdminis- 
tiiition  responded  to  in  any  part  of  the  country. 

In  process  of  time  this  conclusion  forced  itself  on  the  mind  of  the  President  and  liis 
adsisers,  and  hence  j'our  Lordship  will  find  in  the  ulterior  dis])atclies  of  ilr.  IJnchanan 
to  Mr.  MacLano  a  far  more  moderate  and  subdued  tone,  until  at  last  they  exhibit  a 
positive  and  conciliatory  desire  to  settle  the  r|iie.sLion  by  conipi'omise,  the  title  of  the 
I'liited  States  to  "  the  whole  of  Oregon"  having  a]>parently  been  forgotten. 

If  further  proof  were  wanted  of  the  anxiety  of  this  Government  to  be  extricated  from 
the  mistaken  position  in  wliieh  they  had  placed  themselves,  it  would  be  found  in  the 
alacrity  in  which  the  terms  last  proposed  by  Her  Majesty's  Government  for  the  settle- 
ineiit  of  the  controversy  were  accepted. 

Sntlicient  time  has  now  elapsed  since  the  promulgation  of  the  Treaty  to  enable  us  to 
judge  of  the  light  in  which  the  transaction  has  Ix-en  viewed  throngiiout  tluM'ountry, 
anil  it  is  gratifying  to  say  that  it  has  been  every wliere  received  with  satisfaction  and 
applause. 

No  evidence  whatever  of  a  contrary  feeling  has  come  within  my  observation,  except 
it  be  among  the  disappointed  advocates  of  a  war  policy,  wlio  had  staked  tlu'ir  jiolitical 
I'ortune  upon  the  adoption  of  extreme  measures,  and  even  in  these  (juarters,  I  a>n 
linmid  in  truth  to  say  that  tlie  irritation  is  rather  against  the  President  and  his  minis- 
ters for  having,  as  they  say,  deceived  and  betrayed  them,  than  froui  any  express  con-- 
deinnation  of  the  Treaty  itself. 
I  have,  He, 

R.  PAKENMAM. 


;.  PAKENIIAM. 


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xxvii]*MEMOKANDLM  RELATIVE  TO  THE  ORIGIN  AM)  PRIVI- 
LEGES OF  THE  HUDSON'S  RAY  COMPAiNY.' 


Ill  lOW),  certain  Jlritish  subjects  tunned  tlieinselves  into  Ji  Company, 
lot' tlie  purpose  of  undcrtakinj;  an  expedition  to  Hudson's  Bay. 

The  object  of  this  exptidition  was  twofohl : 

1.  To  discover  a  passajje  throu<jh  those  parts  to  the  Pacific  Ocean,  or, 
;is  it  was  then  oftener  called,  the  South  Sea  ;  and. 

L'.  To  establish  a  trade  in  furs,  minerals,  and  other  thin;is. 

For  the  encourajfeinent  of  this  enterprise  a  Itoyal  ('barter  was 
;:Taiited  to  the  (Jompany  on  tin;  I'd  ."Vray,  !(><)!>.  lly  the  terms  of  this 
Charter,  the  Company  obtained  a  Uoyal  (Irant  of  llu;  sole  trade  and 
coinnierce  of  all  the  seas,  straits,  bays,  rivers,  lakes,  ci'eeks,  and 
<ounds,  in  whatsoever  latitude  they  should  be,  lyinj;'  within  the  straits 
coiiHiionly  called  Hudson's  Straits,  toji'ether  with  all  the  lands  and 
imitories  upon  the  countries,  coasts,  and  con  lines  of  the  seas,  bays, 
lakes,  &C.,  aforesaid,  that  were  uot  already  actually  itossessed  by  the 
subjects  of  any  other  Christian  Prince  or  State.  The  territory  thus 
iKMjuired  was  to  be  thenceforth  reckoned  and  rei)uted  as  one  of  the 
British  Plautations  or  Colonies  in  America,  to  be  called  Jiiipert's  Land. 

For  uearly  a  century  after  the  formation  of  the  Company,  they  con- 
liiKHl  their  posts  to  the  ami)le  lerritoiy  which  had  been  «;rauted  to  them 
by  the  Charter  of  Charles  II,  and  left  the  task  of  procurin<>'  furs  to  the 
I'literprise  of  native  hunters,  who  brought  the  i»rodiice  of  their  hunting 
to  the  established  nuirts  of  the  Company. 

The  Company  contiiuied  to  enjoy,  until  17S4,  the  numopoly  of  the 
trade  in  these  territories,  when  a  rival  Company  was  established,  called 
the  North-West  Company,  which  had  their  head-cpuirters  at  ^Montreal. 
The  North- West  Comi)any,  instead  of  following  the  system  of  trade 
adopted  by  the  Hudson's  J>ay  Company,  dispatched  their  servants  into 
tl  e  very  recesses  of  the  wilderness  to  bargain  with  the  native  hunters 
at  their  homes.  As  the  nearer  hunting-grounds  became  exhausted,  the 
Xorth-West  Comi)any  advanced  their  stations  westwardly  into  regions 
previously  unexplored  ;  and,  in  180(1,  they  pushed  forward  a  post  across 
the  llocky  3Iouutains,  and  formed  a  trading  establisluni'ut  on  a  lake, 
now  called  Eraser's  Lake,  situated  in  54°  north  latitude*.  This  would 
appear  to  be  the  lirst  settlement  made  by  civilized  men  west  of  the 
Ivocky  Mountains. 

Other  posts  were  soon  after  formed  amongst  the  Flat-head  and  Koo- 
t.'uiie  tribes  on  the  head-waters  or  main  branch  of  i  he  Colundna;  and 
Mr.  David  Thomson,  the  astronomer  of  the  North-West  Comi)any,  de- 
scended with  a  party  to  the  mouth  of  the  Columbia  in  1811.  Mr. 
Thomson  and  his  followers  were,  according  to  Mr.  Greenhow,  the  tirst 
white  persons  who  navigated  the  northern  branch  of  the  Columbia,  or 

traversed  any  part  of  the  country  drained  by  it. 
|xxviiij    *Iu  consequence  of  the  rivalry  existing  between  the  Hudson's 


16  D 


'  Referred  to  in  the  Stateuient,  j)nge  2,  note 


242 


NOIM'IIWEST    WATER    IIOUXDARY   ARIWTKATIOX. 


IJiiy  iind  Noith-Wt'st  Coriipanics,  which  h'd  to  tVoiiU'iit  (•(nilliit> 
botw«'(Mi  their  respective  f()n()\v<'rs,  more  i)articuhuly  witli  reference  to 
certiiiii  NcttU'ineiit.s  loniied  in  the  Orej^oii  district  by  Lord  Selkirk,  (In. 
jvll'airs  of  the  (Iniiipanies  were  broii}>ht  to  the  notice  of  riirliiiinent  in 
1810,  and  their  proceedin,'?s  were  minutely  investijXHted.  The  ({ovcrn. 
nient  finally  interposed  its  mediation,  and  a  compromise  was  enectcil. 
by  which  the  XorthAVest  ('omiKUiy  became  merj^ed  in  the  Hudson's 
J>ay  (.'ompany.  SubsiMpiently,  and  in  connection  with  this  arranficiiicnt. 
an  "Act  ior  regulating-  the  fur-trade  an«l  establishiu};  a  (uiminal  :iim| 
civil  Jurisdiction  in  certain  parts  of  North  America"  was  passed  in  I'm- 
liament,'  (iontainiuf;-  every  i»rovisiou  re(piire«l  to  ftive  stability  to  the 
Hudson's  ]>ay  Company,  anil  elliicieiujy  to  its  operations. 

By  this  act,  which  was  passed  in  ISi'l,  the  Courts  of  Ju«licatuio  di 
Upi>er  Canada  were  empowered  to  take  cogui/ance  of  all  causes,  «ivil 
or  criuunal,  arisinj;in  any  of  the  above-nuMitioned  territories,  including 
those  previously  granted  to  the  lIu<lson\s  I>ay  Company,  and  in  "otlui 
])arts  of  Ameri(;a  not  within  the  limits  of  either  of  the  provinces  of 
Upper  or  Lower  Canada,  or  of  anv  civil  (Jovernment  of  the  Unltcil 
States." 

Shortly  before  the  passing  of  this  act,  the  Iliulson's  JJay  and  Xortii 
West  Comi)anies  were  united ;  ami,  on  the  (Uh  Decendjer,  1821,  a  grain 
was  nuule  by  the  Jving  to  the  Company  "of  the  exclusive  trade  witli 
the  Indians  of  North  America." 

JJy  this  grant  the  otljcers  in  the  service  of  the  Company  were  coai 
missioned  as  Justices  of  the  Peace  for  those  countries ;  ami  the  juiis- 
diction  of  the  Courts  of  Ui)per  Canada  was  rendered  etlective  as  far  as 
the  shores  of  the  I'acific,  the  only  exception  made  in  that  respect  boiiii; 
with  regard  to  any  territory  embraced  in  the  grant,  situated  "  within 
the  limits  of  any  civil  CJovernment  of  the  United  States."  This  grant 
was  made  for  twenty-one  years,  but  before  the  termination  of  that 
period  a  further  grant  was  received  from  the  Crown  by  the  Company. 

In  the  grant  of  1821  the  following  reservations  were  made  in  favor  of 
the  rights  of  the  Crown,  and  also  of  those  of  subjects  of  foreign  States: 

15iit  we  do  hereby  doclavo  that  nothiiij;'  in  this  oviv  grant  contained  shall  bo  deointd 
or  construed  to  authorize  tlio  said  (iovevuor  and  Company,  or  their  succcissors,  or  .iiiy 
])('rsoji8  in  their  employ,  to  chiim  or  exercise  any  trade  with  the  Indians  on  tlic  north 
west  coast  of  America,  to  tlio  westward  of  the  Stony  Mountains,  to  tiie  prcjndiee  or 
exclusion  of  any  of  the  subjects  of  any  forei<j;u  States  who,  under  or  by  the  forcft  nl 
any  Convention  for  the  time  being  between  >is  and  such  ibreigii  States  respectivelv. 
may  bo  entitled  to  or  shall  be  engaged  in  the  same  trade.  Provided,  nevertheless, ami 
we  do  hereby  declare  our  pleasure  to  be,  that  nothing  herein  contained  shall  extend 
or  be  construed  to  ]trevent  the  establishment  by  us,  our  heirs  or  successors,  -withiii  tlir 
territories  aforesaid,  or  any  of  them,  of  any  colony  or  colonies,  province  or  provinces, 
or  from  annexing  any  part  of  the  aforesaid  territories  to  any  existing  colony  or  Odlo- 
uies  to  us  in  right  of  our  Imperial  Crown  belonging,  or  for  constituting  any  such  foim 
of  civil  government,  as  to  us  may  seem  meet,  within  any  such  colony  or  colonies  in 
provinces. 

Such  were  the  provisions  made  by  the  British  Government  for  the 
proper  government  of  the  territories  situated  beyond  the  Kocky  Mount 
ains  and  on  the  coasts  of  the  I'acific  Ocean.  The  successful  result  ul 
these  measures  for  extending  the  trade  of  the  Hudson's  Bay  Company. 
and  for  forming  settlements  in  these  territories  by  Great  Britain,  is 
given  in  the  following  extract  from  Mr.  Greenhow's  History  of  Oregon 
and  California,  in  which  he  says,  (page  344:) 

The  relative  positions  of  the  two  parties  (Great  Britnin  and  the  United  States)  m  to 
the  occupancy  and  actual  possession  of  the  countries  iu  question  had  been  materially 

'  Act  1  and  2  Geo.  IV,  cap.  66  ;  July  2, 1H21. 


SKCONJ)  AM)  DEFINITIVE  STATEMENT  OE  (lUEAT  mjITAIX.      '-'4.'? 


s."    This  Kiiiiit 


cliiiiijicd  .sincotlifcmioliiHioiiot'  tlu'  I'ormciC'onvcntioiiC  l"'lH)lMt\vi't'M  tlinn,  'I'lio 
[xxix]  (HI  ion  (if  Mi(^  rival  Miitis'!  Ciiiii|ianit'H,  'and  tli*;  cxttMisidiKil'lJirjiiiisilictioiHit'  Mio 
Courts  of  UpiiiT  Caiiatla  ovci  tlir  tt'iritorif.s  west  of  tlm  K'ocky  Moniitaiiis,  had 
iilrcady  jnovt'd  iiioHt.iidvaiita;;tMiiis  to  Mm-  I  liidsoii's  Hay  (.'oiiii»an.\-,  wiiitli  had  at  tlir  saiiio 
iiiii<'n'ccivfdtht']iiivil»';;('of  trading  in  that  coimtiy,  totho  exclusion  of  a  Hot  Ik  r  Uritisli 
milijcct.s.  (in-at  flVorts  were  niad(^aiid  vast  cxitfuscs  wcrti  iticuiTcd  by  thisC'oiiipany  in 
jtH  rll'oi'ts  to  found  scttlt'Uit'iits  on  tin;  Colnniliiii  KivtT,  and  to  aciiniro  inllucnri>  ovcc 
tlir  natives  of  tin;  surronndinj;;  country  ;  and  so  successful  havelieen  tlwisi^  elforts  that 
lli(!  citi/eus  of  the  United  States  were  ol»li;;t'd  not  only  to  icnonnce  all  ideas  of  i<'ne\v- 
\\\>i  their  estahlishuients  in  that;  jtait  of  America,  hut  even  to  withdraw  their  vessels 
IVoin  its  (M)asts.  Indeed,  for  more,  than  ten  yc^ars  after  tho  eaptiire  of  Astoria  l>y  the 
Hritish,  scarcely  a  sinjfle  Ameiiean  citizen  was  to  ho  seen  in  those  countries.  Tradiu;^' 
(•x|H'(litiims  were  sniise((Uently  mado  from  Missouri  to  the  head  waters  of  the  I'latte 
iiiul  tho  ('oloradt),  within  the  limits  of  California,  aixl  one  or  two  hundred  hunters  intl 
tnippers  from  the  United  States  were  fjenerally  i'oviu;r  tliron^rli  that  rejuioii  ;  but  ,ho 
Americans  had  no  Settlenitjut  of  any  kind,  and  their  (i(»vtinmt.'nt  exercised  no, juris- 
diction whatsoever  west  of  tho  Ifocky  Mountains. 

Under  su'h  favorable  circumstances,  the  JIudsons  l^iy  ('onii»any  could  not  fail  to 
prosper.  Its  resoitrct;s  were  no  loiif^er  wasted  in  disi>ntes  w  itli  rivals;  its  operations 
wore  conducti'd  with  disjiatish  and  certainty;  its  jtosts  were  extended,  ami  its  means 
(if  conununication  were  increased,  under  th»^  assuranc(i  that  the  h. .nor  of  the  IJritish 
(iovcrnnu'ut  and  nation  were,  tluui-by  more  stidnyly  interested  in  its  behalf.  Tho 
Mijeiits  of  the  ('(uupany  were  seen  in  every  part  of  the;  Cout  incut — noith  and  northwest 
tit' the  United  States  and  C-'anada,  from  tho  Atlantic  to  tho  I'acilic — huntinj;,  trai>pinj;, 
and  tradinij  with  tho  aboriji;ines.  Its  boats  wero  mot  on  every  stream  ami  lake,  con- 
voying; British  floods  into  the  interior,  or  furs  to  the  jjreat  depositories  on  each  ocean, 
tosliii)  to  England  in  Uritisli  vessels;  and  the  utmost  ordei  and  re<;ularity  wero  niain- 
tain('<l  throughout  by  the  sui»romacy  of  Ihitish  laws.  Of  tho  tradiny-jiosts  many  wero 
tbrtilied,  anti  could  ho  defended  by  their  innuites — men  inured  to  hardshi[)s  and  dan- 
glers— apvinst  all  attacks  which  miyht  bo  ni)i)reheudcd ;  and  tho  whole  vast  expan.so 
(if  territory  above  described,  including;  tho  re>fions  drained  by  the  Columbia,  was,  in 
tact,  occupied  by  Uritisli  forces  and  fjovevued  by  Uritisli  law.s,  thou<;li  then;  w  as  not  i\ 
jiiiiglo  Uritish  soldier,  technically  speakiu}?,  within  its  limits. 

The  Hndson's  Bay  Coiiipauy  possessed,  in  1844,  tv.enty-two  forts  or 
establishments  west  of  the  llocliy  ^Mountains,  of  which  several  were 
situated  on  tho  coasts. 

On  the  Kiver  Colnmbia  were  Fort  Vanconver,  Fort  AValla-walhi,  Fort 
Okinagan,  Fort  Colville;  on  tho  River  Saptin  or  Lewis,  a  branch  of  the 
Columbia,  were  Fort  Boise  and  Fort  Hall. 

To  the  sontli  of  the  Colnmbia  Itiver  were  Fort  George,  which  occnpied 
the  site  of  the  former  settlement  of  Astoria,  and  Fort  Umqna,  near  the 
mouth  of  the  Umqua  lliver,  which  enters  the  Tacitic  about  one  hundred 
and  eighty  miles  south  of  the  Columbia. 

At  Puget  Sound  was  Fort  Nasqually,  near  Avhich  iilace  also  the  Com- 
pany had  a  large  agricultural  establishment. 

At  the  entrance  of  Fraser's  Eiver  was  Fort  Langley ,  and  further  north 
were  Fort  Alexandria,  and  Fort  McLaughlin  on  the  coast. 

In  1849,  a  grant  of  Vancouver's  Island  was  made  to  the  Company  by 
the  Crown,  but,  in  1851),  the  island  was  resumed  hy  the  Crown  and  was 
made  a  Colony. 

In  18G8,  the  Company  surrendered  their  remaining  territorial  rights 
to  the  Crown,  and  the  territory  over  which  those  rights  extended,  under 
the  title  of  Rupert's  Land,  was  subsequently  admitted  into  and  became 
part  of  the  Dominion  of  Canada. 


[xxxiiij 


•APFKNDIX 


No.  1. 

KXTI.'ACT   SIloWlNd    VIKWS   OK    KARL   OK  AIU;M)KKN  AN1»  Sllf   I.MCllAK'li 

I'AKKMIAM. 

//0)v/  Jiilin   L'iis.srll  to  Lord  Liions,  2ifh  AtiffiiNf,  l.S.I!);  yeail,  anti  ntjnj 
jfintt,  to  United  tStateti  Swn'tufy  of  IState. 

[Kxtiiict.] 

I  have  to  stutc  to  you  that  tlie  Earl  ol'  AbordccMi,  to  whoiii  1  liuvo 
icl'eri'od,  iiiforius  mo  that  he  distiiuitly  n'lnciiibt'rs  the  {general  tenor  ot 
liis  (ionvei.satious  with  .Mr.  IMacLane  on  the  subject  of  the  Orej^on 
Jjoundary,  aud  is  certain  that  it  was  the  intention  of  the  Treaty  t(i 
adopt  the  mid-channel  of  the  Straits  as  tlui  line  of  demarkation,  witliom 
reference  to  islands,  the  ])osition,  and,  indeed,  the  very  existence  di 
which  had  hardly  at  that  time  been  accurately  ascertainetl;  and  he  li;i^ 
no  recollection  of  anj'  mention  having  been  .nade,  during  the  discussion, 
of  the  Caiud  do  liaro.  or,  in«k"!d,  iiny  other  channel  than  those  describeil 
in  the  Treaty  itself. 

I  also  inclose  a  iVremorandum  drawn  up  by  Sir  Ifichard  I'akenliain, 
the  negotiator  of  the  Treaty  of  184(J. 


[liirlosnir  in  lorefjoiiig  diMpiilcli.] 

^k^mo^^andltm  hy  Sir  I>.  rahiihani  on  Ihv  Water  lioumhoji  uiitUr  flu  Orajoii  Tnaty  of  l'^4(i. 

I  liiivo  ex!imiiu'<l  tlio  i)iipeis  i)ut  into  my  hand  by  Jlr.  irainniond,  roliitinjj  to  tin 
line  t)f  lionndary  to  lie  cstiiblislied  between  the  tJiitish  aud  United  States  iiossession^ 
on  ilie  northwest  eonst  of  Anieiiea,  and  I  have  endeavored  to  eall  to  mind  any  eirciiin- 
Htanee  which  might  have  occurred  at  the  time  Avlien  the  Oregon  Treaty  was  eoncliiikd, 
(June  15,  184(),)  of  a  nature  eitner  to  strenj^then  or  to  invalidate  the  ])reteiision  now 
))nt  forward  by  the  United  States  Commissioner  to  the  elfect  that  the  boundary  con- 
tenii>lat<'d  by  the  Treaty  would  be  a  lino  passing  down  the  middle  of  the  ehaiiml, 
called  Canal  do  Jtaro,  and  uot,  as  suggested  on  the  part  of  («reat  Britain,  alonjj;  tin 
middhj  of  the  channel  called  ^'ancouver's  or  Eosario  Strait,  neither  of  which  two  \\w> 
would,  iis  I  humbly  conceive,  exactly  fuliill  the  conditions  of  the  Treaty,  wliicli. 
according  to  their  literal  tenor,  would  re(|uire  the  line  to  be  traced  along  the  iiiiddli 
of  the  channel  (nuianing,  I  presume,  the  Avhole  intervening  space)  which  separates  tin 
Continent  from  Vancouver's  Island.  And  I  think  I  can  hufdy  assert  that  the  Treaty 
of  June  15,  184(i,  was  signed  and  ratihed  without  any  intimation  to  us  whatever  on 
the  jiart  of  the  United  States  Government  as  to  the  jmrticular  direction  to  be  given  to 
the  line  of  bount'ary  contemplated  by  Article  I  of  that  Treaty. 

All  that  we  knew  about  it  was  that  it  was  to  run  "  through  the  middle  of  the  elianiul 
which  separates  the  Continent  from  Vancouver's  Island,  and  thence  southerly  throiigli 
the  middle  of  the  said  channel  aud  of  Fuca's  Straits  to  the  Pacilic  Ocean." 

It  is  true  that,  in  a  dispatch  from  Mr.  MacLane,  then  United  States  Minister  in  hoii- 
don,  to  the  American  Secretary  of  State,  Mr.  Buchanau,  dated  ItitU  May,  184(),  wliiili 
dispatch  was  not,  however,  made  public  until  after  the  ratitication  of  the  Treaty  liy 
the  Senate,  Mr.  MacLaue  informs  his  Government  that  the  line  of  boundary  about  td 
be  proposed  by  Her  Majesty's  Goverumeut  would  "  ijrobably  be  substantially  to  divide 


iH  SIK  KI(IIAi;i) 


;  read,  ami  (vjdj 


SKCONM  ANIt  DKl'IMTIVi:  STATKMKNT  ol'  HUKAT  lUlITAIN.     •?45 

thi  territory  liy  tlio  <'xtfiisi(tii  of  tin-  lino  on  tlif  imriili4'l  of  l!)  to  th<»  hcu  ;  tliiit  Ih  to 
•ay.  to  tlui  linn  of  tin*  avn  c  iillcd  Hirili's  Hay,  tlicncc  l»y  tlif  Canjil  «lc  llaro  ami  Sfraitw 
,ir  Fncii  t(»  thf  occai..' 

It  is  uIho  tiii<«  tliat  Mr.  Senator  Itcnton,  oni>  of  tlio  ablest  nn*l  moHt  /.oalons  advocatoH 
iditiio  ratilication  of  tiic  Treaty,  (rtlyin};,  no  douht,  on  tin-  Htatcn.cnt  furnislwd  liy  Mr. 
Miu'IiUnc,)  (lid,  in  ii  Npci'di  on  the  snbji'ct,  dcwribo  tlio  intendtnl  liin'  of  lionnditry  to 
III! one  paHMin^  alon^  the  middle  of  the  llaro  C'hanmd. 

Hat,  on  the  other  hand,  the  Karl  of  Aberdeen,  in  his  linal  inHtructioiiH,  dat<'d  May  1^, 
l-4(i,  HayH  nothing  whatever  ubonfc  the  Canal  thi  llaro;  bnt,  on  the  contrary,  dewlrow 
iliiit  the  line  nujrlit  be  drawn  "  in  a  Nontlierly  direction  thronfjli  tho  conter  of  Kinj; 
(IcnrKe'M  Hound  and  the  Strait.s  of  I'nea  to  tho  I'acilic  Ocean." 

It  is  my  belief  that  neither  Lord  Aberdettn,  nor  Mr.  MacLano.iior  Mr.  Biicbanan,  pos- 
ii'sued  at  that  time  UHutllcientlyaccnrate  know  led  j^e  of  the^eography  or  hydrography  of 
tho  rejrioj)  in  i|nestion  to  enable  them  to  delino  more  nccMirately  what  waH  tho 
[.\xxiv]  intended  line  of  bonndary  than  is  expr»>Hsed  in  "the  words  of  the  Treaty,  and 
it  is  certiiin  that  Mr.  Itnchanan  wijjned  the  Treaty  with  Mr.  MacLant;'H  di8- 
piitcli  before  him,  and  yet  that  he  nnide  no  mention  whatever  of  the  *' t!anal  do  llaro 
iHtliat  thron^rh  which  the  line  of  boundary  Nlioidd  run,  uh  undurstood  by  the  United 
States  (lovernment." 

My  own  disiiatches  of  that  jieriod  contain  no  observation  whatever  of  a  tendency 
(oiitrary  to  what  I  thus  state  from  memory,  and  they  tlierefore  ho  far  plead  in  favor  of 
tim  accuracy  of  my  recollections. 


No.  2. 


I  those  (Icscribed 
liU'd   Pakoiiliaiii, 


iryoii  Tnaty  of  ISM'k 


COKUKSroN'DENCE  BimVKKN  MH.  lUNCROFT  AND  MH.  I'.UC'HANAN. 
Mr.  Bancroft  to  Mr.  Jhiehanan.^ 

London,  Xorcmher  3,  18iG. 

Sir:        *  *  *  *  *  •  *  * 

Wliile  iu  the  Navy  Departmetit  I  caused  a  traced  copy  of  Wilkes's  chart 
of  the  Straits  of  llaro  to  be  made.  If  not  needed  in  the  Navy  Depart- 
ment, I  request  that  the  President  will  direct  it  to  be  sent  to  this  Lega- 
tion. It  is  intimated  to  me  that  questions  may  arise  with  regard  to  the 
islands  east  of  that  Strait,  I  ask  your  authority  to  meet  any  such  claim 
at  the  threshold  by  the  assertion  of  the  central  channel  of  the  Straits  of 
Haro  as  the  main  channel  intended  by  the  recent  Treaty  of  Washington. 
Some  of  the  islands  1  am  well  informed  are  of  value. 
Very  respectfully,  &c., 

UEOKGK  BANCKOFT. 
rion.  James  Buchanan, 

/Secretary  of  imitate. 


Mr.  linvhaiian  to  Mr.  Bancroft.^ 


Dei'Art-aient  of  State, 

Washington,  December  28,  1840. 

Sir:  I  have  obtained  from  the  Navy  Department,  and  now  transmit 
to  you,  in  accordance  with  tiie  request  contained  in  your  dispatch  No.  1, 
{November  3,)  the  traced  copy  of  Wilkes's  cbart  of  the  Straits  of  Haro. 
This  will  enable  you  to  act  understandingly  upon  any  question  which 
may  hereafter  arise  between  the  two  Governments  in  respect  'O  the  sov- 
ereignty of  the  islands  situate  between  the  Continent  nnd  Vancouver's 
Island.    It  is  not  probable,  however,  that  any  claim  of  this  character 

'  As  oUrtcially  printed  in  the  United  St.ates. 


246 


NORTHWEST    WATER   BOUNDARY    ARBITRATION. 


will  be  seriously  prelerred  on  the  part  of  Iler  Eritauiiic  Majesty's  (Jov- 
erument  to  any  island  lying  to  the  eastward  of  the  Canal  of  Arm,  as 
marked  in  (captain  Wilkes's  Map  of  the  Oregon  Territory.  This,  I  have 
no  doubt,  is  the  channel  which  Lord  Aberdeen  had  in  view  when,  in  a 
conversation  with  Mr  MacLane  about  the  middle  of  May  last,  on  tlio 
subject  of  tlie  resumption  of  the  negotiation  for  an  amicable  settlement 
of  the  Oregon  question,  his  Lordship  explained  the  character  of  the  [)roi)- 
osition  he  intended  to  submit  through  Mr.  Pakenhani.  As  understood 
by  Mr.  IMacLane,  and  by  him  communicated  to  this  Department  in  liis 
dispatch  of  the  18th  of  the  same  month,  it  was  :  "  First,  to  divide  the 
territory  by  the  extension  of  the  line  on  the  parallel  of  49°  to  the  sea : 
that  is  to  say,  to  the  arm  of  the  sea  called  IJirch's  Bay,  thence  by  tlic 
Canal  (k  Haro  and  Straits  of  Fuca  to  the  ocean,"  &C. 
1  am,  &:c., 

Geor(;e  Dancuoet,  Esq.,  tic,  (fc.,  ilc. 

[Inclosnre  :  Chart  of  the  Strnits  of  Juan  de  Fuca,  Puget  Sound,  i^c, 
]5y  the  United  States  Ex.  Ex.,  l.S 41. 1 


jA]\iEs  BucI^A^A^. 


yo.  .;. 


].ETTERS  OF  MK'.  CRAJIl'TON  SHOWIX(i  .Ml.'.  lU'CIIANAN'S  OPINIONS. 


Mr.  Crampton  to  Viseonnt  Palmer sion. 


Xo.  L*.  I 


AVasiiington,  'January  L'i,  l.StS. 


]\Iy  Lord:  On  the  receipt  of  your  Lordship's  dispatch  ISo.  21,  of  tlic 
17th  ultimo,  by  which  I  am  instructed  to  comiuunicate  with  the  United 
States  Government  with  a  view  to  the  adoption  of  early  measures  for 
Isiying  down  such  parts  of  the  line  of  boundary  between  the  British  and 
United  States  territory  in  North  America,  described  in  the  Convention 
of  the  loth  June,  184G,  as  the  two  Governments  may,  upon  mutual  con 
sulfation,  deem  it  advisable  to  determine,  I  waited  upon  Mr.  Buchanan 
for  the  purpose  of  putting  him  in  i)ossession  of  the  views  of  Uer  Maj- 
esty's Government  upon  the  subject. 

After  having  read  to  him  your  Lordship's  dispatch,  together  withtlio 
draught  of  instructions  to  the  two  Commissioners  to  be  appointed  in  case 
the  views  of  Her  Majesty's  Government  were  coincided  in  by  the  (iov 
ernment  of  the  United  States,  1  proceeded  to  inquire  of  Mr.  Buchanan 
whether  the  manner  suggested  by  your  Lordship  of  bringing  the  matter 
under  the  consideration  of  the  President  of  the  United  States,  by  read- 
ing to  him  your  Lordship's  dispatch  and  presenting  to  him  a  co]>y  of  the 

proposed  draught  of  instructions,  would  be  admissible, 
[xxxv  I       *To  this  course  Mr.  Buchanan  objected,  as  being  informal,  and 
contrary  to  the  practice  of  the  United  States  Government,  which 
coincided,  he  added,  in  that  respect,  with  that  of  the  Government  ot 
Great  Britain,  and  lie  requested  me,  in  case  your  Lordship's  instiuc 
tions  did  not  preclude  me  from  so  doing,  to  conununicate  to  him  in  writ 
ing  the  present  proposal  of  IJer  Majesty's  Government,  together  with 
the  considerations  upon  which  it  is  founded,  as  explained  in  your  Lord 
ship's  dispatch.     He  might  otherwise,  he  said,  lind  it  ditJicult  to  convey 
to  the  President  and  to  his  colleagues  in  the  Cabinet  as  clear  an  expo 
sition  as  he  could  wish  of  the  views  of  Her  Majesty's  Government  upon 


SECOND  AND  DEFINITIVE  STATEMENT  OF  GREAT  BRITAIN.     247 

the  subject,  adding  that  these  appeared  to  liiiu  to  be  so  fair  and  unob- 
jectionable that  he  coukl  conceive  no  possible  case  in  which  any  incon- 
veuience  to  either  Government  would  result  from  an  unreserved  com- 
munication of  them  in  writing. 

I  trust  that  your  LordJiip  will  not  disapprove  of  my  having,  under 
these  circumstances,  so  far  departed  from  the  coui'se  pointed  out  by 
yonr  Lordship's  instructions  as  to  comply  with  Mv.  Uuchauairs  request 
by  addressing  to  him  the  note  of  which  I  have  the  honor  to  inclose  a 
copy,  and  in  which  1  have  embodied  the  substance  of  your  Lordship's 
dispatch. 

With  respecttotheexi)ediency  of  laying  down  that  part  of  the  bound- 
ary line  suggested  by  your  Lordship's  dis[)atch,  Mr.  Buchanan  said 
thiit  he  coincided  in  opinion  with  Her  ^liijesty's  Government,  but  he 
added  that  it  was  his  own  "  impression,"  although  he  had  not  examined 
the  subject  with  sutlicient  attention  to  enable  him  yet  to  say  that  it  was 
liis  ''opinion,"  that  it  would  be  desirable  to  go  further,  and  to  proceed 
to  mark  out  on  the  ground,  without  unnecessary  delay,  the  boundary 
line  from  the  point  where  the  forty-ninth  jKirallel  of  latitude  meets  the 
shore  of  the  (Julf  of  Georgia,  eastward  to  where  it  striices  the  Columbia 
li'ivor,  (the  portions  for  which  an  estimate  is  made  in  the  third  section 
(if  Colonel  Estcourt's  Memorandum,)  and  this  appeared  to  him  to  be  ad- 
visable from  the  reports  he  had  lately  received  of  the  rapid  manner  in 
which  colonists  from  the  United  States  are  spreading  in  that  direction. 

Speaking  of  the  word  "  channel,"  as  em])loyed  in  the  Convention  of 
.Iiiiic,  18I(>,  ]Mr.  ]»uchaimn  said  that  he  himself,  and  he  presumed  Mr. 
I'akenhani,  in  lu'gotiating  and  signing  that  Convention,  had  always  con- 
ceived "  (ihannel  "  to  mean  the  "  main  navigable  (diannel,"  wherever  sit- 
uated, but  he  admitted  that  he  had  never  himself  examined,  nor  did  he 
(vou  recollect  ever  to  have  seen,  Vancouver's  chart ;  and  although  he 
did  not  seeui  prepared  to  contest  the  probability  of  the  channel  marked 
with  soundings  by  Vancouver  in  that  chart  being,  in  fact,  "the  main 
navigable  channel,"  he  evidently  hesitated  to  adopt  that  opinion  with- 
out further  geographical  evidence,  throwing  out  a  suggestion  that  it 
would  perha[)s  be  better  that  such  instructions  should  be  given  to  the 
naval  otHcers  to  be  employed  as  Joint  Commissioners,  as  would  enable 
them  both  to  determine  which  of  the  channels  was,  in  fact,  the  main 
navigable  channel,  and  to  mark  the  boundary  down  the  middle  of  that 
cliannel  so  soon  as  ascertained. 

The  subject,  Mr.  Buchanan  assured  me,  should  receive  the  immediate 
attention  of  the  United  States  Government,  with  every  disposition  to 
avoid  delay  or  diflBculty  in  the  ac(!ompUshment  of  an  object  which  he 
felt  to  be  extremely  desirable  for  both  Governments. 
I  have,  &c., 

JOHN  r.  CKA:MrT()N. 


Mr.  Craiiipton  to  M>\  Murcy. 

Wasiiing'J'on,  February  !►,  IS.jO. 
8iii:  I  have  been  instructed  by  Her  Majesty's  Government  to  call  the 
serious  attention  of  the  Government  of  the  United  States  to  the  unsat- 
isfactory and  hazardous  state  of  things  which  continues  to  exist  on  the 
lioundary  vhich  divides  the  Territory  of  Washington  from  the  British 
Possessions  occupied  by  the  Hudson's  Bay  Company  ;  and  Her  Majesty's 
Government  direct  me  to  express  their  regret  that  their  repeated  re- 


■w 


*l 


n 


248 


NORTHWEST    WATKR    BOUNDARY   ARBITRATION. 


monstrjuicGH  have  not  led  to  any  measures  which  seem  to  have  suo 
ceecled  in  restraininj^  the  acts  of  the  authorities  of  that  Territory. 

I  h.avc  silrendy  had  the  honor  of  addressing  your  Department  (in  a 
note  to  Mr.  Hunter  on  the  27th  July  last)  respecting  the  depredati  us 
upon  the  jiroperty  of  the  Hudson's  Bay  Company  oii  the  Island  of  San 
Juan,  by  Mr.  Ellis  Barnes,  Sheriif  of  Watcom  County,  of  the  Territory 
of  Washington,  in  virtue  of  an  alleged  claim  for  taxes 'due  to  the  autlior- 
ities  of  the  Territory ;  and  I  have  now  the  honor  to  inclose  the  copy  of 
a  further  letter  from  the  Governor  of  the  Hudson's  Bay  Company,  to- 
gether with  its  accompanying  documents,  in  regard  to  the  same  matter, 
from  which  it  appears  that  no  reparation  whatever  has  been  made  to 
the  Company  for  the  very  heavy  losses  which  they  incurred  on  that 
occasion. 

You  will  at  once  perceive.  Sir,  that  the  occurrence  in  question  Las 
arisen  out  of  the  conHicting  claims  of  the  .authorities  of  Vancouver's 
Island  and  of  Washington  Territory  to  the  jurisdiction  of  the  Island  of 
San  Juan,  as  appertaining,  under  the  provisions  of  the  Treaty  between 
Great  Britain  and  the  United  States  of  1840,  to  the  dominions  of  tlieii 
respective  Governments. 

San  Juan  is  one  of  the  small  islands  lying  in  the  Gulf  of  Georgia,  be- 
tween Vancouver's  Island  and  the  main-land  ;  and  the  question  wliiiU 
has  arisen  between  the  parties  regards  the  position  of  the  channel 
through  the  middle  of  which,  by  the  provision  of  the  Treaty  of  1840,  the 
boundary  line  is  to  be  run. 

In  the  early  part  of  the  year  1848, 1  had  the  honor,  by  the  instruction 
of  Her  Majesty's  Government,  to  propose  to  the  Government  of  tlie 
United  States  to  name  a  Joint  Commission  for  the  purpose  of  marking 
out  the  northwest  boundary  ;  and  more  particularly  that  part  of  it  in 
the  neighborhood  of  Vancouver's  Island,  in  regard  to  which,  as  you 
will  perceive  from  a  reference  to  my  note  of  the  13tli  January  of  that 
year  to  the  Honorable  James  Buchanan,  the  Secretary  of  State  of  the 
United  States,  Her  Majeoty's  Government  already  loresaw  the 
[xxxvi]  possibility  of  the  occurrence  of  misunder*standing  between  the 
settlers  of  the  respective  nations;  and  Her  Majesty's  Govern 
ment,  moreover,  then  proposed,  in  order  at  once  to  preclude  such  mis 
understandings,  that  before  instructing  their  respective  Commissioners, 
the  two  Governments  should  agree  to  adopt  as  the  "  channel "  desig 
nated  by  the  Treaty,  that  marked  by  A^ancouver  in  his  charts  as  tlie 
navigable  channel,  and  laid  down  with  soundings  by  that  navigator. 

Mr.  Buchanan  entirely  concurring  in  the  expediency  of  losing  no 
time  in  determining  the  position  of  the  boundary  line,  nevertheless  felt 
some  objection  to  adopting  the  channel  marked  by  Vancouver  as  the 
"channel"  designated  by  the  Treaty,  in  the  absence  of  more  accurate 
geographical  information,  and  he  suggested  that  the  Joint  Comniis- 
siom^rs,  when  appointed,  should  be  in  the  tirst  place  instructed  to  sur 
vey  the  region  in  question,  for  the  purpose  of  ascertaining  whether  the 
channel  marked  by^  Vancouver,  or  some  other  channel,  as  yet  unex- 
I)lored,  between  the  numerous  islands  of  the  Gulf  of  Georgia,  should  be 
adopted  as  the  channel  designated  by  the  Treaty,  or,  in  other  words, 
should  be  found  to  be  the  main  channel,  through  the  middle  of  which, 
according  to  the  geucrally  admitted  principle,  the  boundary  line  should 
be  run. 

To  this  suggestion  Her  Majesty's  Government,  in  the  hope  that  im- 
mediate measures  would  be  taken  by  the  Government  of  the  United 
States  to  name  Commissioners  to  proceed  to  the  si>ot  with  those  already 
designated  by  the  British  Government,  made  no  obje^  tiou. 


SECOND  AND  DEFINITIVE  STATEMENT  OF  GREAT  BRITAIN,      241> 

It  has  been  a  subject  of  regret  to  Her  Majesty's  Goveiiunent  that, 
tiom  causes  upon  which  it  is  unnecessary  to  dwell,  no  appointment  of 
Commissioners  has,  up  to  the  present  time,  been  made  by  the  Govern- 
ment of  the  United  States;  and  I  am  now  instructed  again  to  press 
this  matter  on  their  earnest  attention. 

Should  it  appear  possible,  however,  that  this  proposal  cannot  be  met 
by  the  Government  of  the  duited  States  without  further  ditUculty  or 
delay,  I  would  again  suggest  the  expediency  of  the  adoption  by  both 
Governments  of  tlie  channel  marked  as  the  oidy  known  navigable  chan- 
nel by  Vancouver,  as  that  designated  by  the  Treaty.  It  is  true  that  the 
Island  of  San  Juan,  and  perhaps  some  others  of  the  group  of  small 
islands  by  which  the  Gulf  of  Georgia  is  studded,  would  thus  be  included 
within  British  territory ;  on  the  other  hand,  it  is  to  be  considered  that 
the  islands  in  question  are  of  very  small  value,  and  that  the  existence 
of  another  navigable  channel,  broader  and  deeper  than  that  laid  down 
by  Vancouver,  by  the  adoption  of  which  some  of  those  islands  might 
possibly  fall  within  the  jurisdiction  of  the  United  States,  is,  according  to 
thereports  of  the  most  recent  navigators  in  that  region  extremely  improb  - 
able;  while,  on  the  other  hand,  the  continued  existence  of  a  question  of 
doubtful  jurisdiction  in  a  country  so  situated  as  Washington  Territory 
and  Vancouver's  Island,  is  likely  to  give  rise  to  a  recurrence  of  acts  of  a 
similar  nature  to  those  to  which  I  have  had  the  honor  of  calling  your 
attention,  and  which  I  have  no  doubt  would  not  be  less  deplored  by  the 
Government  of  the  United  States  than  by  that  of  Great  Britain. 
I  am,  &c., 

JOHN  r.  CllAMPTOX. 


No.  4. 

CONVERSATION  AND   CORRESPONDENCE    BETWEEN   Ml{.   BANCROFT  AND 

VISCOUNT  PAEMERSTON. 


Mr.  Bancroft  to  Mr.  lluclunion.^ 


United  States  Legation, 

London,  Auyust  4,  1S48. 
Sir:  *  #  #  #  # 

The  Hudson's  Bay  Company  ha\e  been  trying  to  get  a  grant  of  Van- 
couver's Island.  I  iiupiiied,  from  mere  curosity,  about  it.  Lonl  l*al- 
nierston  replied  that  it  was  an  afltair  that  belonged  exclusively  to  the 
Colonial  OHlce,  and  he  did  not  know  the  intentions  of  Lord  Grey.  He 
then  told  me,  what  I  had  not  known  before,  that  be  had  made  a  proposi- 
tion at  Washington  for  marking  the  boundaries  in  the  northwest  by  set- 
ting up  a  landmark  on  the  point  of  land  where  the  forty-ninth  parallel 
touches  the  sea,  and  for  ascertaining  the  division  line  in  the  channel  by 
noting  the  bearings  of  certain  objects.  I  observed  that  on  the  mainland 
a  few  simple  astronomical  observations  were  all  that  were  requisite ; 
that  the  water  in  the  Channel  of  Haro  did  not  require  to  be  divided, 
;«iiice  the  navigation  was  free  to  both  parties ;  though,  of  course,  the 
islands  east  of  the  center  of  the  Channel  of  Ilaro  were  ours.  He  had 
110  good  chart  of  the  Oregon  waters,  and  asked  me  to  let  him  see  the 
traced  copy  of  Wilkes's  chart.    He  spoke  of  the  propriety  of  settling 


'  As  ofBcially  printed  in  the  United  States. 


250 


NORTHWEST    WATER   BOUNDARY    ARBITRATION. 


'  t 


definitively  the  ownership  of  the  several  islands,  in  order  that  settlements 
might  not  be  begun  by  one  party  on  what  properly  belongs  to  the  other. 
On  returning  home  I  sent  him  my  traced  copy  of  Wilkes's  chart,  with 
the  note,  of  which  I  inclose  a  copy. 
I  am,  &c.. 

GEORC.E  BANCROFT. 


Mr.  Bancroft  to  Viscount  Palmerston.^ 

90  Eaton  Square,  July  31,  1848. 
My  Dear  Lord:  As  your  Lordship  desired,  I  send  for  your  inspec 
tion  a  traced  copy,  made  for  me  at  the  Navy  l)epartment,  of  Wilkes's 
Chart  of  the  Straits  of  Juan  de  Fuca,  Puget's  Sound,  &c.,  &c.    Un- 
luckily, this  copy  does  not  extend  quite  so  far  north  as  the  parallel  of 
40°;  though  it  contains  the  wide  entrance  into  the  Straits  of  Arro,  tho 
channel  through  the  middle  of  which  the  Boundary  is  to  be  contimied. 
The  upper  part  of  the  Straits  of  Arro  is  laid  down,  thoiijjh 
[xxxvii]  not  on  a  large  scale,  in  Wilkes's  map  of  *the  Oregon  Territory, 
of  which  I  am  sorry  to  say  I  have  Jiot  a  copy,  but  which  niav 
be  found  in  the  Atlas  to  the  Narrative  of  the  United  States  Exploring 
Expedition. 

1  remain,  &.v., 

GEORCE  BANCROFT. 


b  1 


1: 


ti'  '.'. 


Visconut  I'ahnerston  to  Mr.  Hancroff. 

Foreign  Office,  Amjuni  24,  1848. 

Viscount  Palmerston  presents  his  compliments  to  jNIr.  Bancroft,  and 
has  the  honor  to  return  to  him  herewith,  with  his  best  thanks,  the  traced 
copy  of  AVilkes's  Chart  of  the  Straits  of  Juan  de  Fuca,  &c.,  which  Mr- 
Bancroft  so  obligingly  sent  to  Lord  Palmerston  on  the  31st  ultimo. 


Mr.  Bancroft  to  Viscount  Palmerston. 

108  Eaton  Square,  I^oremher  3, 1848. 

3Iy  Lord  :  I  did  not  forget  your  Lordship's  desire  to  see  the  United 
States  surveys  of  the  waters  of  Puget's  Sound,  and  those  dividing; 
Vancouver's  Island  from  our  territory. 

These  surveys  have  been  reduced,  and  have  just  been  published  in 
three  parts ;  and  I  transmit,  for  your  Lordship's  acceptance,  the  first 
copy  which  1  have  received. 

The  surveys  extend  to  the  line  of  49° ;  and  by  combining  two  of  tlic 
charts,  your  Lordship  will  readily  trace  the  whole  course  of  the  channel 
of  Arro,  through  the  middle  of  which  our  boundary  line  passes,  i 
think  you  will  esteem  the  work  done  in  a  manner  very  creditable  to  the 
young  navy  otlicers  concerned  in  it. 
I  have,  &c., 

(iEORGE  BANCROFT. 


'  luclosiu'o  in  last  foregoing  letter. 


iSl'X'OND  AND  DEFINITIA^E  STATEMENT  OF  GREAT  15RITAIN.     2")1 


BANCKOFT. 


Viscount  Palmerston  to  Mr.  Bancroft. 

Foreign  OrncE,  November  7,  184S, 

Sir  :  I  beg  loave  to  return  you  my  best  thanks  for  the  surveys  of 
Pnget's  Sound,  and  of  the  Gulf  of  (ieorgia,  which  accompanied  your 
letter  of  the  .'3d  instant. 

The  inform.ation  as  to  soundings  contained  in  these  charts  will,  no 
doubt,  be  of  great  service  to  the  Commissioners  Avho  are  to  be  appointed 
iincler  the  Treaty  of  the  15th  of  June,  ISKJ,  by  assisting  them  in  de- 
termining where  the  line  of  boundary  described  in  the  first  Article  of 
that  Treaty  ought  to  run. 
I  have,  «S:e., 

PALMiniSTOX. 


^'o. 


rROI'OSKI)  AMENDMENT  OF  ARTICLE  11  OF  TREATY. 


BANCROFT. 


The  following  was  moved  ii:  the  Senate  of  the  United  States,  on  12th 
-lime,  1810,  as  an  addition  to  the  liesolution  advising  the  Fresident  to 
accept  the  proposal : 

Willi  the  following  proviso  at  the  end  of  the  seeoiid  Article  of  the  projtosed  Convcii- 
lioii,  to  wit : 

•'  I'roridrd,  That  the  rij^lit  of  navigating  the  Columbia  River  .secured  to  the  Hudson's 
l!ay  Company,  and  to  ail  Jiritish  subjects  trading  with  the  same,  be  limited  to  the  year 
A.  1).  180:?,  Avhen  it  shall  cease  and  determine.'" 


&c.,  which  Mr. 
jlst  ultimo. 


those  dividiii" 


BANCROFT. 


^[r.  ItucJianan  to  Mr.  MacLane. 

No.  34. 1  Department  OP  State,  ' 

Washington,  June  13,  ISltJ. 

Sir  :  The  President  communicated  to  the  Senate,  on  nie  10th  instant, 
a  coutideutial  message,  of  which  I  transmit  you  a  copy,  asking  their 
inevious  advice  in  regard  to  the  Frojet  of  a  Convention  for  the  adjust- 
ment of  the  Oregon  question  delivered  to  me  by  Mr.  Fakenham  on  the  - 
i!th  instant. 

On  yesterday  the  Senate  adopted  the  ibllowing  resolution  : 

Iknola'd,  (two-thirds  of  tho  Senators  present  concurring,)  That  the  President  of  the 
United  Sti"'^' "  l>e,  and  he  is  hereby,  advised  to  accept  tho  proposal  of  the  Hritish  Gov- 
I'lnineut  a'„ci>.u)>anying  his  mes.sage  to  the  Senate  dated  10th  June,  ]84lt,  for  a  Conven- 
tion to  f-ettle  boundaries,  »S:c.,  between  tho  United  States  and  Great  Rritain,  west  of 
tlie  Rocky  or  Stony  Mountains. 

The  vote  of  tho  Senate  stood  37'  to  12. 

I  have  learned  from  the  best  sources  that  the  Senate  gave 
|xxxviiij  this  adv'lce  under  the  conviction  that,  by  *  the  true  construc- 
tion jf  the  second  Article  of  the  Frojet,  the  right  of  the 
Hudson's  Bay  Company  to  navigate  the  Columbia  would  expire  with 
the  termination  of  their  present  license  to  trade  with  the  Indians,  »&c., 
on  the  nortliwest  coast  of  America  on  the  30th.  May,  1859.  In  a  con- 
versation with  Mr.  I'akenham  to-day  I  communicated  this  fact  to  him, 
and  recpiested  him  to  state  it  in  his  dispatch  to  Lord  Aberdeen. 

'  So,  in  tho  letter  as  ofliciully  printed  iii  the  United  States. 


252 


NORTHWEST    WATER   BOUNDARY    ARBITRATION. 


Hr' 


f'?i 


The  Treaty  will  be  signed  and  seut  to  the  Senate  on  Monday  next- 
and  it  is  more  than  probable  that  they  will,  in  sone  form  or  othci! 
place  upon  their  records  their  understanding  of  its  true  construction  in 
this  particular. 

I  have,  &:c. 

JAMES  BUCHAXAX 


iU 


ION. 

I  JMoiulay  next ; 

form  or  otlici', 

construction  in 


lUCHAXAX 


I   I? 


COlMIESrONDEM'l 


>"f 


C  0  11  R  E  8  P  0  N  D  K  N  C  E  . 


Xo.  1. 


Mr.  Fish  to  Mr.  Bancroft. 

Ni).  ->■">!.]  Depautimknt  of  Statk, 

W((sliington,  July  18,  1871. 
Sir:  I  transmit  to  you  herewitli  the  draught  of  a  note  which,  in  con 
iiinction  with  tlie  representative  of  Her  JJritannic  Majesty, 
you  will  present  to  the  Government  of  the  Emperor  of  Ger- 
many, in  ])ursuance  of  the  thirty-fourth  article  of  a  treaty 
>i},'iie{l  at  Washington  on  the  8th  of  May,  1871,  of  whicli  a 
copy  is  herewith  scTit,  requesting  that  His  Imperial  Majesty  will  be 
pleased  to  act  as  Arbitrator  in  a  <piestion  which  has  arisen  between  the 
(lovernments  of  the  United  States  and  of  (Jreat  Britain,  in  regard  to  a 
line  of  boundary  between  the  territories  of  the  United  States  aiul  those 
ot  Her  Britannic  Majesty,  under  the  flrst  article  of  the  treaty  concluded 
at  Washington  on  tiie  15th  of  June,  1840,  a  copy  of  which  is  also  sent 
to  you.  You  will  accordingly  arrange  with  your  British  colleague  for 
tlio  simultaneous  presentation  of  your  respective  notes. 


DriMlRlit  nl'iiott-  In 
l><*  prrsctitt'-l  tn  Km- 
jitTftr  III  (ii'i'mjitiy  in 
t  ilirijl  li'in  to  iii-t  :m 
iirltltraliij. 


I  am,  &C., 


HAMILTON  I'^ISH, 


I  Iiiclosure  Xo.  l.| 
Drauijhl  of  iiotv  to  be prvxcnted  to  the  Government  of  the  Emperor  of  (lermany, 

TIio  Goveruiuont  of  tlie  IJnitod  States  and  the  Government  of  Her  Jiritaunic  Majesty 
having  agreed,  by  a  treaty  signed  at  Washington  on  the  8th  of  May,  1871,  of  which  a 
copy  is  heronnto  annexecjf,  together  witii  a  eopy  of  the  previous  treaty  of  June  15, 
184(5,  herein  referred  to,  to  submit  to  the  arbitration  and  award  of  His  Majesty  the  Em- 
peror of  Germany  the  decision  of  the  question  set  forth  in  the  thirty-fourth  article  of  the 
lirst-named  treaty,  in  the  following  words  :  "  Whereas  it  was  stipulated  by  Article  I  of 
the  treaty  concluded  at  Washington  on  the  15th  of  June,  1846,  between  ller  Jkitannic 
Majesty  and  the  United  States,  that  the  line  of  boundary  between  the  terri*",orie8  of 
the  United  States  and  those  of  Her  Britannic  Majesty,  from  the  point  on  the  forty-ninth 
parallel  of  north  latitude  up  to  which  it  had  already  been  ascertained,  should  be  cou- 
tiiuMid  westward  along  the  said  parallel  of  north  latitude  to  the  middle  of  the  channel 
whiih  separates  the  continent  from  Vancouver's  Island,  and  thence  southerly  through 
the  middle  of  the  said  channel  and  of  Fuca  Straits  to  the  Pacilic  Ocean  ;  and  whereas 
the  commissiouers  appointed  by  the  two  high  contracting  parties  to  determine  that 
portion  of  the  boundary  which  runs  southerly  through  the  middle  of  the  channel 
iiforesaid  were  unable  to  agree  npon  the  same ;  aud  whereas  the  Government  of  Her 
liritannic  Majesty  claims  that  such  boundary-line  should,  under  the  terms  of  the  treaty 
above  recited,  be  run  through  the  Rosario  Stfaits,  and  the  Government  of  the  United 
tJates  claims  that  it  should  be  run  through  the  Canal  de  Haro,  it  is  agreed  that  the 
lespective  claims  of  the  Government  of  the  United  States  and  of  the  Government  of  Her 
Britannic  Majesty  shall  be  submitted  to  the  arbitration  and  award  of  His  Majesty  tb& 
Emperor  of  Germany,  who,  having  regard  to  the  above-mentioned  article  of  the  said 


250 


NORTHWEST    WATER   BOUNi)ARY    ARBITRATION. 


,;ii 


troaty,  hIiiiII  <l(t(.'i«lc  tluiieiipon  tlnnlly,  and  witlioiit  appeal,  wliicli  of  tlioso  cliiims  i^ 
iiioMt  in  acconlaiKc  with  tlio  ti  lU)  interpretation  of  tlie  treaty  of  Jnne  Ifi,  1H4<> ;"  and  tin 
high  cinitraetinjj  partioM  lepoHinj;  entire  contidenco  in  tlie  spirit  of  jiistiee  and  inipiufi- 
ality  wliielj  distiniJtniMlieH  llin  Imperial  Miijesty,  tlie  common  friend  of  the  two  stutrs, 
linvinfT  agreed,  in  pnrsnanee  of  the  saiil  treaty,  to  addrens  themselves  to  His  Iniiii'iial 
MnjcHty,  and  having  further  mntnally  engaged,  in  the  event  of  His  Imperial  Miijisty 
being  willing  to  all'ord  his  good  otliees  as  arbitrator  on  this  occasion,  to  consider  tiic 
award  of  His  Majesty  as  ahsolntely  iinal  and  conclusive,  and  to  give  etlect  to  the  same 
witliout  any  ohjecition,  evasion,  or  delay  whatsoever,  the  undersigned  hns  received  tin 
orders  of  his  (ictvernment  to  ccnnmunicate  to  His  Imperial  Majesty  the  treaty  which  lia> 
thus  been  made  on  the  |»art  of  the  (Joverument  of  the  United  .States,  an«l  to  express  tin- 
President's  earnest  desire  that  His  Imperial  Majesty  will  he  pleased  to  take  upon  liini 
the  oftice  ofarldtrator  in  the  <|uestion.  The  undersigned  has  the  honor  to  reipiest  Hi^ 
S(!rene  Highness  the  Prince  Hisnuuck  to  lay  this  communication  bt'fore  His  Majesty 
the  Emiieror  of  (iermany,  and  to  bo  pleased  to  make  known  to  the  undersigned  Ilislm- 
jierial  Majesty's  determination  with  regard  to  his  acceptance  of  the  desired  arbitratinu, 


I  liicldsurc  \(i.  \i.] 

£.1  Intel  J'loiii  llie  trvuljj  bciwdii  the  United  Slai<ii  avd  Ureal  llnUuii  of  June  lo,  l-'lii. 

Auticm;  I. 

I'rom  the  point  on  the  torly-nintli  ]iarallel  of  north  latitude,  whcrti  the  boundaiy 
laid  down  ill  existing  tr('aties  and  conventions  between  the  United  States  and  (iicai 
'ihitaiii  tciniiiiatcs.  the.  line  of  boundary  betwiicn  the  territories  of  the  United  ^^tat('^ 
and  those  of  Her  IJritannic  Mnjesty  shall  be  continue<l  westward  along  the  said  forty- 
ninth  itnrallel  of  north  latitude  to  the  niuldle  of  the  channel  which  separates  the  con- 
tinent Ironi  A'ancouver's  Isliind,  and  thence  soutlun'ly  through  the  middle  of  the  said 
channel,  and  of  I'uca's  Straits,  to  the  I'acilic  Ocean  :  J'roriiled,  hoirerer,  That  tla^  navi- 
gation of  the  whole  of  the  saiil  channel  and  straits  south  of  the  forty-ninth  paniilcl  ol 
north  latitude  remain  free  and  open  to  both  parties. 


[liieliisini'  Xo.  ;t.  1 

Esl rue t  from  Ihe  Treaty  of  IWinhintjIon  of  May  f^,  1H71. 

AHTKi.f:  XXXIV. 

Whereas  it  was  stii)ulated  by  Articli!  I  of  the  treaty  concluded  jit  Washington  mi 
the  ir)th  of  ■lane,  IH-hl,  between  the  United  States  and  Her  Jhitannii;  Majesty,  that  tlie 
line  of  (boundary  between  tlx'  tcnritorics  of  the  United  States  and  those  of  Her  Jhitaii- 
nic  Majesty,  from  the  jioint  on  the  forty-ninth  ])arallel  of  north  latitude  uj)  to  which  it 
liad  already  been  ascertained,  should  be  continued  westward  along  the  said  jjarallidof 
uorth  latitude  "  to  tin*  middle  of  the  channel  which  separates  the  continent  from  Van- 
couver's Island,  and  thence  southerly,  through  the  middle  of  the  said  channel  and  of 
Fuca  Straits,  to  the  Pacilic  Ocean  ; "'  and  whereas  the  commissioners  a]>pointe<l  by  tin 
two  high  contracting  parties  to  determine  that  portion  of  the  boundary  which  runs 
southerly  through  the  middle  of  the  channel  aforesaid  were  unable  to  agree  ujion  tin 
same  ;  and  whereas  the  Government  of  Her  Britannic  Majesty  claims  that  such  bound- 
ary-line should,  under  the  terms  of  the  treaty  above  recited,  be  run  through  the  Kosa- 
rio  Straits,  and  the  Government  of  the  United  States  claims  that  it  should  bo  run 
through  the  Canal  do  Haro,  it  is  agreed  that  the  respective  claims  of  the  Governnuiit 
of  the  United  States  and  of  the  Government  of  Her  Britannic  Majesty  shall  bosub- 
initted  to  the  arbitration  and  award  of  His  Mitjesty  the  Emperor  of  tJerinany,  who, 
having  regard  to  the  above-mentioned  article  of  the  said  treaty,  shall  decide  thereniion. 
finally  and  without  a)»peal,  which  of  those  claims  is  most  in  accordance  with  tlio  true 
interpretation  of  the  treaty  of  June  15,  lH4(i. 


CORKKSI'ONDENCE. 


257 


No.  2. 

Mr.  Bancroft  to  ^fr.  Finli. 

[Extract.] 

Vo.  249.]  American  LEOArioN, 

Berlin^  July  2J),  1871.    (KeceivtMl  August  18.) 

Sir:  This  day,  at  a  quarter  before  1, 1  took  the  British  charg(i  iu  my 
carriage  to  the  Foreign  Office,  where  we  delivered  siniul-     ^ 
taneously  formal  uotes,  identical  in  terms,  addressed  to  ..Mi'''i".!,'','il.''.kr- 
Prince  Bismarck,  chancellor  of  the  empire,  requesting  the 
Oernian  Emperor  to  accept  the  oflice  of  Arbiter  on  tlie  nortliwestern 
lioundary  (piestion,  under  the  treaty  of  Washington.    I  annex  a  copy 

of  the  note. 

******* 

I  remain,  &c., 

(IKO.  BANCROFT. 


of  June  l.'t,  l.».jl'i. 


Mr  lUiiivroft  to  J'rincv  Jiiiimarvk. 

AMKIUC.VN    Li:(iATION, 

7/«/mi,  ./((/(/ yy,  18T1. 

The  Governineut  of  tho  United  States  of  America  iiiul  the  Government  of  Fler  IJrit- 
miiic  Majesty  having  agreed,  by  a  Treaty  signed  at  Wasbiugton  the  8tb  of  May,  1H71, 
III'  wbicb  a  copy  is  berennto  annexed,  together  with  a  copy  of  tho  previons  treaty  of 
June  If),  1840,  herein  referred  to,  to  submit  to  tho  arbitration  and  award  of  His  Majesty 
ibii  Emperor  of  Germany  tho  decision  of  tho  ([uestion  set  forth  in  tho  thirty-fourth 
article  of  the  first-named  treaty,  in  the  following  words  :  [Hero  follows  verbatim  tho 
iiitire  article  thirty-fourth,  of  the  lirst-mentioned  treaty.]  An<l  the  high  contracting 
imrties  reposing  entire  conlidence  iu  the  spirit  of  justice  and  impartiality  which  dis- 
liiiijuishes  His  Imperial  Majesty,  tho  common  friend  of  tho  two  states,  having  agreed 
in  imrsnanco  of  the  said  treaty  to  address  themselves  to  His  Imperial  Majesty ;  and 
liaviiig  further  mutually  engaged,  in  the  event  of  His  Imperial  Majesty  being  willing 
iiiattord  his  good  offices  as  Arbitrator  on  this  occasion,  to  c(uisider  tho  award  of  His 
Iinperial  Majesty  as  absolutcily  tinal  and  conclusive,  and  to  give  effect  to  the  same  with- 
mit  any  objection,  evasion,  or  delay  whatsoever,  the  undersigned  has  received  the  order 
III'  Ills  Government  to  communicate  to  His  Imperial  Majesty  the  treaty  which  has  thus 
liceii  made  on  the  part  of  the  United  States,  and  to  express  tho  earnest  <lesiro  of  tho 
I'ltsident  of  the  United  States  that  His  Imperial  Majesty  will  be  pleased  to  take  upon 
Win  the  office  of  Arbitrator  in  the  (piestion. 

Tiic  undersigned  has  tho  honor  to  recpiest  His  Serene  Highness  tho  Princo  Bismarck 
I''  lay  this  communication  before  His  Majesty  the  Emperor  of  Gi'rmany,  and  to  be 
pleased  t«j  make  known  to  the  nndersigned  His  Imperial  ilajesty's  determination  with 
regard  to  his  acceptance  of  the  desired  arbitration.  The  untlersigned  s»;i/,cs  this  oppor- 
luuity  to  renew  to  His  Serene  Highness  Prince  liismarck  the  assurances  of  hii: '  "  hest 
consideration. 

GEO.  BANCROFT. 


No.  253.] 


No.  3. 
»  Mr.  Bancroft  to  Mr.  Fish. 


American  Legation, 
Berlin^  August  21, 1871.     (Received  September  7.) 
Sir:  The  German  Secretary  of  State  has  notified  to  me  and  to  the 
British  Legation  that  the  Emperor  of  Germany  accepts  the  office  of  Arbi- 
trator on  our  northwestern  boundary  question.    I  suppose 
I  a^n  acting  entirely  in  harmony  with  your  wishes  in  pro-  .n,M!'vTr"..,.un,eui. 
posing  to  the  British  Legation  a  very  early  attention  to  the  '"'""' ■'"^"""■""'■ 

17  D 


258 


NOUTIIWEST    WATER    UOl'NDAKV    AKUITKATION. 


subject,  in  the  hope  tlmt  we  may  speedily  briiifj  the  matter  to  a  con 
clusiun  and  an  award.  (Should  any  dehiy  occur,  1  will  take  care  tliat 
the  fault  mIuiII  not  be  on  our  .side.  I  venture  to  expect  an  award  in  um 
favor.  I  have  watched  for  a  cpuirter  of  a  century  the  course  of  this 
negotiation.  In  all  that  time  the  ])resent  Administration  is  the  first  tlint 
Las  taken  the  subject  in  hand  from  a  right  point  of  view,  ami  if  a 
favorable  award  is  obtained  it  will  be  mainly  due  to  the  form  of  arbitra 
tion  which  you  established  by  the  Treaty  of  Washington. 
I  remain,  &c., 

GEO.  BANCROFT. 


No.  4. 
Mr.  Bancroft  to  Mr.  Fink. 

No.L*i55.J  American  liEffAxioN, 

Berlin,  tiqttemhcr  1,  1871.    (Received  Septenjber  L'O.) 

Sill :  1  inclose  a  copy  of  the  note  which  I  have  received  this  day  from 
Knrnu.i,.c..,.t..mv.  tliG  Gcrman  Sccrctary  of  Statc,  uotlfyiug  me  formally  tliat 
\lrmLs'"Z'"\\l  tlie  Emperor  of  Germany  has  accepted  the  oflice  of  arbitra- 
,,m,.  .,1  AriMtnitor.   ^Qp  jj^  ^jjg  coutrovcr.sy  Oil  the  northwestern  boundary  be- 
tween the  United  States  and  Great  Britain. 
1  remain,  &c., 

GEO.  BANCROFT. 


•J  I 


Mr.  I'on  Thlle  to  Mr.  lluncroft. 

[Tranulatiuu.] 

liRULiN,  Sei)lember  1, 1871. 

The  iiiulcrHigned  has  had  the  honor  to  reccsivr  tlie  estoorntMl  note  of  Mr.  IJaiiciot't, 
Envoy  Extraordinary  and  Minister  I'lenipotentiary  of  the  United  States  of  America,  nf 
the  29th  of  Jnly  last,  wherein  he,  in  the  name  of  his  Hifjh  Government,  has  made  tlie 
reqnest  that  His  Majesty  the  Emperor  and  King  wonld  accept  the  oflice  of  arbitnitoi, 
referrrd  to  in  the  thirty-fourth  article  of  the  treaty  date<l  Washington,  May  8,  ItfTl,  ii; 
the  present  boundary  question  between  the  United  States  and  Great  Britain.  Tln' 
undersigned  has  uot  failed  to  obtain  His  Majesty's  decision  with  regard  to  hisacceiit- 
unce  of  this  office,  and  has  the  honor  nuist  respectfully  to  announce  that  His  Imperial 
and  Koyal  Majesty  has  most  graciously  been  pleased  to  accept  the  said  olHce  of  arbi- 
trator. 

While  the  undei-signed  most  respectfully  adds  that  the  Royal  Charge  d'Afraire.'Sd! 
Great  Britain  at  this  capit.'il  made  a  similar  re<iuest  ou  the  !!i9tli  of  July  last,  and  lias 
this  day  received  an  aufiwer  by  note,  he  avails  himself  of  this  occasion  to  renew  to  His 
Excellency  the  Envoy  the  assurance  of  his  most  distinguished  consideration. 

V.  TIIILE. 


No.  5. 
3Ir.  Davis  to  Mr.  Bancroft. 


No.  379.] 


Siu 


Department  of  State, 

Washington,  September  28, 1871. 

With  reference  to  your  dispatch  of  the  1st  instant,  No.  255,  and 
to  the  note  of  Mr.  Von  Thlle,  a  copy  of  which  accompanied 
vr«.e,''i"' «ro'."i  it,  announcing  the  consent  of  His  Majesty  the  Emperor  of 
JheaciiS'theEm-  Gcrmauy  and  King  of  Prussia  to  act  as  the  arbitrator  be- 
tween this  Government  and  that  of  Great  Britain,  in  deter 


p«ror. 


BANCKOFT. 


COUUK.SI'ONDKNCi;. 


250 


iiiiiiiii^r  the  coiitrovei'Hy  lospciitinjr  tlio  boumlary  bet  ween  tin*  two  conn- 
tries,  ill  the  inaniicr  provitletl  in  the  thirty-fourth  article  of  the  Treaty 
of  Washington  of  May  S,  1871,  the  President  desires  that  you  will 
(onvey  to  the  Secretary  of  State  ft>r  the  Ciernuin  Empire,  with  a  request 
that  they  may  beconnnnnicated  to  Jlis  Majesty,  his  ;^rateful  acknowl- 
edgments for  the  pron)|)tncss  with  which  His  Majesty  has  been  graciously 
pleased  to  accede  to  the  wishes  of  tiie  two  tiovernnients. 
I  am,  iScc, 

J.  C.  IJ.  DAVIS, 

Acting  tSi'cretary. 


No.  6. 


lEftATION, 


BA^Xli01T. 


Mr.  Bancroft  to  Mr.  Fhh, 

No.  iio".]  American  Lk«!Ation, 

lierlin,  December  12,  1871.    (Keceived  Jan.  .'j.) 

SiH :  I  this  day  left  with  Mr.  Von  Abeken,  who,  during  the  illness  of 

the  Chancellor  of  the  Empire  and  of  the  Secretary  of  State,     „,..  ,i,.i,«.r. .« 

takes  charge  of  the  Foreign  Otlice,  the  memorial  of  the  """""^'i- 
L'liited  States  on  the  Canal  de  Haro  as  their  northwestern  boundary,  to 
be  delivered  through  Prince  Bismarck  into  the  hands  of  the  Emperor. 
At  the  same  time  I  left  at  the  British  Embassy  in  Berlin  not  only  the 
lopy  required  by  the  treaty,  but  several  extra  copies  of  the  memorial 
aud  evidence. 

I  annex  a  copy  of  the  letter  addressed  to  INIr.  Petre.  I  hope  you  will 
approve  my  ofter  to  join  in  bringing  this  boundary  que  :iou  to  a  speedy 
issue. 

Up  to  late  last  night  the  representative  of  Her  Britannic  IMajesty  at 
lierlin  had  not  received  from  his  government  any  instructions  on  the 
subject. 

I  remain,  &c., 

GEO.  BxVNCROFT. 


ant.  No.  200,  ami 


fliiclosure.] 
Mr.  Bancroft  to  Mr.  I'ltrc. 

AMKUICAX   LwiATfON, 

JJerliH,  December  12,  1871. 

TIio  limit  of  tiiiio  allowed  by  the  Treaty  of  Washington  of  May  10,  1871,  for  pro- 
sintiiig  the  Case  of  the  United  States  on  the  disputed  boundary  «iuestion  which  has  been 
referred  to  the  German  Emperor  for  arbitration,  being  close  at  hand,  the  undersigned 
is  constrained  this  day,  through  His  Serene  Highness  Prince  Bismarck,  Chancelloi'  of 
tlio  German  Empire,  to  lay  before  His  Majesty  the  German  Emperor  the  printed  Case 
of  the  United  States,  accompanied  by  the  evidence  oftered  in  support  of  the  same. 

In  conformity  with  the  Treaty  of  Washington,  ratitled  June  17, 1«71,  the  undersigned 
lias  the  honor  likewise  to  communicate  a  copy  of  the  Case  and  evidence  to  the  Hon. 
Mr.  Petre,  as  the  representative  of  Her  Britannic  Majesty  at  Berlin. 

It  will  give  the  undersigned  great  satisfaction  to  joiu  with  the  representative  of  Her 
Britannic  Majesty  in  bringing  tbis  long-contested  question  to  a  decision  at  the  earliest 
possible  moment.  The  undersigned  gladly  seizes  this  opportunity  of  renewing  to  Mr. 
Petre,  Her  Britannic  Majesty's  represer  'itive  at  Berlin,  his  assurances  of  highest  re- 
spect and  consideration. 

GEO.  BANCROFT. 


260 


NORTHWEST    WATER    BOUNDARY   ARBITRATION. 

No.  7. 
Mr.  Bancroft  to  Mr.  Fish. 

(Extract.) 


No.  308.  J 


American  Legation, 
Berlin,  Becemher  lii,  ISli .     (ReceivedJaii.  3.) 
Sir:    ******* 
Admiral  Prevost,  formerly  British  commissioner  for  running  tlie 
n.tiHi. f ,,,e  .,,.1  northwestern  boundary,  arrived  here  this  morning  and  de- 
e„d.n,^  jHn.n,j.    jiyered  thc  British  Case  and  evidence,  of  which  I  am  prom- 
ised a  copy  this  evening.    I  will  lose  no  time  in  sending  you  a  copy 
and  reporting  to  you  the  aspect  of  the  case. 
1  remain,  &c., 

GEO.  BANCROJ-T. 


I  I 


No.  8. 


No.  314.1 


Mr.  Bancroft  to  Mr.  Fish. 

^Vmerican  Legation, 
Berlin,  Becemher  28,  1871.     (Received  Jan.  IC) 

Sir:  Herewith  I  inclose  a  translation  of  a  letter  received  from  the 

Re«i„t  «f  ,„. nio.  Chancellor  of  the  German  Empire,  acknowledging  the  re- 

rM..knowi,,ig,,i.     cpjpt;  of  thc  Aiuericau  memorial  on  the  northwest  boundary 

question,  and  informing  me  that  he  was  on  the  point  of  laying  it  belole 

the  Emperor. 

1  remain,  &c., 

GEO.  BANCROFT. 


Mr.  Von  Phillpshorn  to  Mr.  Bancroft. 

[IiitUiSure. — TraiiBlatioii., 

Bi:i!i,ix,  Dtcemher  "JO,  l-^Tl. 

TIu!  iiiidersignccl  hastlic  honor  to  acknowledge  tlio  receipt  from  the  Envoy  Extram- 
(liniiry  and  Minister  Plenipotentiary  ol"  the  United  States  of  America,  Mr.  Bancroft,  in 
reply  to  his  note  of  thc  \'i\\\  iubtant,  respecting  thc  honndary  dispute  between  thc 
United  States  and  Great  Britain,  the  memorial  and  proof  which  were  therewith  trans- 
mitted. The  nmlersigncd  is  on  the  point  of  snbmitting  thestj  documents,  as  well  as 
those  communicated  by  the  Royal  Chargd  d'Allaires  of  (jrieac  Biitaiu  on  the  llitli  and 
l.'ith  instant,  to  His  Majesty  the  Emperor  and  King.  The  undersigned  avails  liiiiiscll 
of  this  further  occasion  to  renew  to  the  Minister  I'leuipotcntiary  the  assuranite  of  iiis 
most  distinguished  consideration. 

For  the  Chancellor  of  the  Emi)ir<!. 

VON  PHlLIPSItOHN. 


No.  9. 

Mr.  Bancroft  to  Mr.  Fish. 

No.  300.  J  American  Legation, 

Berlin,  June  11,  1872.     (Received  June  L'7.) 
Sir:  Admiral  Prevost   arrived  yesterday  from   London  with  the 
piM»  .,f  th.  second  and  definitive  statement  of  the  British  Governmoiit  oil 
our  boundary  (luestion,  which  Mr.  Odo  Russell,  the  IJritisli 
l']mbassador*  at  Berlin,  transmitted  to  the  Foreign  Oflicf 


rniti'd     .St'ites 
(irt'iit    MntiiiK  Ji-1 


C  OR  U  ESPON  DENC  K. 


2G1 


yestt'iday,  fnrnisbiiig  ine  with  a  copy  of  it  late  last  eveuiiif^'.  1  have  at 
once  this  morning  presented  the  American  reply  to  tlie  Prince  of  Bis- 
marck, and  have  furnished  the  British  Embassador  with  copies  of  it. 

Admiral  Prevost  tells  me  that  he  intends  to  remain  here  until  the 
Imperial  Arbitrator  shall  have  rendered  his  decision. 

The  mail  of  tomorrow  from  Hamburg  will  take  to  you  a  copy  of  this 
second  British  statement,  as  well  as  copies  of  the  paper  ,:^'i''\i  I  have 
>;iibiuitted  in  behalf  of  the  United  States. 


I  remain,  &c., 


GEO.  BANCROFT. 


BANCROFT. 


No.  10. 


.  BANCROFT. 


Mr.  Bancroft  to  Mr.  Fish. 

No.  373.]  American  Legatiox, 

Berlin,  June  17,  1872.     (Received  July  o.) 

8ii{ :  I  send  you  by  the  Hambnrg  packet  of  the  10th  instant  three 
kmiid  copies  of  the  F^nglish  version  of  our  I'eply  to  the  British  argument 
"lithe  San  Juan  question ;  ten  copies  of  the  same  with  maps, 
;tii(l  fifteen  without  mai>s;  ten  copies  of  the  German  with  ti.'r!'pT,"l\',',,ir,ni,', 
maps,  and  fifteen  without  ma|)s.     A  bound  copy  of  the  ;-'X,r'ti..!'r  .ihi'!; 
English  second  and  delinitive  statement  is  also  inclosed  in 
one  of  the  parcels.    I  annex  copies  of  the  correspondence  that  attended 
tlie  delivery  of  the  reply. 
I  remain,  &c., 

r'EO.  BANCROFT. 


N  PHlLirSltOWN. 


[luclosure  No.  1.) 

Mr,  (kh>  Ritssell  to  Mr.  Bancroft. 

IJiiirisir  Emuassv, 

Jierlin,  June  10,  1872. 

Siu:  The  midersigiied,  Htr  ]kituiinicMiijf.st,v'.>>Eiii';;tssa<lor  Extraordinary  and  Pleiii- 
liotentiary  to  His  JiiijH'rial  .Majesty  the  fiiiiperor  of  Geriiiany,  has  the  honor  to  trans- 
mit to  Mr.  Bancroft,  Emoy  E.vtraordinary  and  Mini.stcr  Plenipotentiary  of  the  United 
States  to  the  Court  of  Berlin,  in  jtnr.stianee  of  the  i)rovi,sions  of  the  thirty-sixth  Article 
"t'tlio  Treaty  of  Wa8hin<>ton,  of  the  8th  of  May,  1871, copies,  in  duplicate,  of  the  second 
ami  delinitive  statenientof  the  Briti.sh  Government  in  the  matter  of  the  line  nf  Bound- 
iiiy  between  the  Territories  of  Her  Majesty  the  Queen  of  the  United  Kinj^dom  of  Great 
Hiitain  and  Ireland  andtliose  of  the  f-nited  .States,  which  the  undersifjned  has  this  day 
ililivcred  to  His  Serene  llijfhness  Prince  Bismarck  to  he  laid  hefore  His  Imperial 
MajcHty  the  Emperor  of  Gecmany.  'i'lie  undersi;;ncd  will  have  the  honor  of  furnishiiiij; 
•Ml.  Bancroft  with  additional  copies  of  this  statement  if  he  should  desire  tliem. 
The  nudersijjncd,  &c., 

ODO  RUSSELL. 


[Iiit'lonure  X<j.  %\ 

Mr.  Bancroft  to  Mr,  Odo  BiinxcU. 

A.MK.IMCAN  LWtATUlN, 

Jkrlin,  June  11,  1872. 
Siu  :  The  undersigned,  Envoy  Extrnordinaiy  and  Minister  Plenipotentiary  of  the 
i  nited  States  of  America  to  the  Emperor  of  Gernuniy,  has  the  honor  to  acknowledge 
tlio  receipt  of  the  note  of  Mr.  Odo  Russell,  British  Emhassador  at  Berlin,  of  last  even- 
ing, and  copies  in  duplicate  of  the  second  and  detinitive  statemeik  of  the  British  Gov- 


ww^ 


M 


262 


NORTHAVEST    WATER   BOUNDARY   ARBITRATION. 


ernment  acconling  to  tbo  provisions  of  the  Treaty  of  Washingtou  of  the  8tli  of  Mav 
1871. 

Mr.  Odo  Russell  Laving  already  delivered  this  statement  to  his  Serene  Highness  the 
Prince  of  Bismarck  to  be  laid  before  His  Imperial  Majesty  the  Emperor  of  (Jermam, 
the  undersigned  expresses  the  hope  that  this  long-continued  controversy  may  lie 
brought  very  speedily  to  an  end  through  the  friendly  intervention  of  the  Iniiieiiul 
Arbitrator. 

The  undersigned,  &c., 

GEO.  BANCROFT. 


I  Inclosuie  No.  3.] 

Mr.  Bancroft  to  the  Prince  liismarcl; 

American  Lkgatiox, 

Berlin,  June  11,  1J72. 

The  undersigned,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the  United 
States  of  America,  takes  leave  in  the  name  of  his  Government,  through  His  Sinene 
Highness  the  Prince  of  Bismarck,  Chancellor  of  the  German  Empire,  to  lay  before  His 
Imperial  Majesty  the  Emperor  of  Germany  the  accompanying  definitive  reply  of  tlif 
Unittid  States  to  the  Case  of  the  Government  of  Her  Britannic  Majesty  of  the  l;kh  of 
IJeceniber,  1871. 

The  nn«lersigned  has  communicated  a  copy  of  this  definitive  reply  to  the  represcuta- 
tive  of  Her  Britannic  Majesty  at  Berlin. 

'J  he  undersigned  has  received  from  the  British  Embassador  at  Berlin  a  copy  of  tlio 
second  and  detinitive  statement  on  behalf  of  the  Government  of  Her  Britannic  Majesty, 
together  with  notice  that  the  same  was  yesterday  submitted  throngh  his  Serene  lligii- 
ness  the  Prince  of  Bismarck  to  His  Majesty  the  Emperor  of  Germany. 

Nothing  remains  for  the  undersigned  but  to  express  his  hope  that,  now  that  eaeli 
party  has  presented  its  last  word,  au  early  decision  may  soon  remove  tlie  cloud  of  dif- 
ference that  has  so  long  existed  on  this  subject  between  the  Government  of  the  United 
States  and  tin;  (Jovernment  of  Her  Britannic  Majesty. 


The  undersinntid,  &e. 


GEO.  BANCROFT. 


[Inclosure  Xo.  -1.1 
Mr   Bancroft  to  Mr.  (ido  Rnnsell. 

Amkiucan  Lkgatiox,', 

Berlin,  June  11,  lST-,>. 

Sir:  The  nudersigned.  Envoy  Extraordinary  and  ^liuister  Plenipotentiary  of  tlie 
United  States  of  America  to  the  Emperor  of  Germany,  has  the  honor  to  transmit  to  Mr. 
Odo  RnsFell,  Her  Britannic  Majesty's  Embassador  at  Berlin,  in  pursuance  of  the  tliirty- 
sixth  article  of  the  Treaty  of  Washingto:>  ot  the  8th  of  May,  1871,  copies  in  duplicate 
of  the  definitive  reply  of  the  Government  of  the  United  States  to  the  Case  of  the  Gov- 
ernment of  Her  Britannic  Majesty  of  December  1.*?,  1871,  which  the  undersigned  lias 
this  day  delivered  to  His  Serene  Highness  the  Prince  of  Bismarck,  to  be  laid  before 
His  Imperial  Majesty  the  Empf  ror  of  Germany. 

The  undersigned  will  have  the  honor  of  furnishing  Mr.  Odo  Russell  with  an  addi- 
tional copy  of  this  statement,  together  with  otiier  copies,  if  he  should  desire  them,  and 
avails  him.self  of  this  opportunity  to  renew,  &c. 

GEO.  BANCROFT. 


flnclosnro  No.  .I.] 
Mr.  Odo  Eusaell  to  Mr.  Bancroft. 

British  Embassy, 

Berlin,  June  11,  If^T'i. 

Sir  :  The  undersigned.  Her  Britannic  Majesty's  Embassador  Extraordinary  and  Pleni- 
potentiary to  His  Majesty  the  Emperor  of  Germany,  has  the  honor  to  acknowledge  tlie 
receipt  of  Mr.  Bancroft's  letter  of  this  day's  date,  informing  him  that  he  had  sjibniitted 
to  His  Majesty  the  Emperor  of  Germany,  through  Prince  Bismarck,  the  second  ami 
definitive  reply  of  the  Government  of  the  United  States  on  the  disputed  boundary 


CORRESPONDENCE. 


26a 


u  of  the  8th  of  May 


i|iiestioii,  and  at  the  same  time  inclosing  copies  of  it  for  Mr.  Russell's  iiso  and  informa- 
li'iii. 

Ill  thanking  Mr.  Bancroft  for  this  communication,  and  cordially  reciprocating  His 
KxfL'lk'ncy's  wish  expressed  in  his  even-dated  note  that  this  long-continued  controversy 
may,  through  the  friendly  arbitration  of  the  Emperor,  be  brought  very  speedily  to  a 
iliisc,  the  undersigned,  &c. 

01)0  RUSSELL. 


;E0.  BANCROFT. 


ply  to  the  represeuta- 


No.  11. 

Mr.  Bancroft  to  Mr.  Fish. 

[Extract.] 

Xo.  .'377.J  American  Legation, 

Berlin,  June  24,  1872.     (Keceived  July  i;j.) 
gjjj .  *  *  *  #  *  #  # 

I  transmit  a  translation  of  the  acknowledgment  that  the  n,.en„i,  or  letin- 
(lefinitive  statements  of  both  parties  are  already  ia  the  i:;;'i„"p;!'L'"A'riMtnf 
liiiuds  of  the  Imperial  Arbitrator.  ""  "i"-»i'i''-'' 

1  remain,  &c., 

GEO.  BANCROFT. 


GEO.  BANCROFT. 


flnclosurp.] 

Mr.  Von  'Thik  to  Mr.  Bancroft. 

[Translation.) 

Bkumx,  .jitne  18,  1872. 

The  undersigned  has  the  honor  most  re.si)ectfully  to  acknowledge  the  receipt  from 
Ml.  Bancroft,  Knvoy  Extraordinary  and  Minister  Phniipotentiary  of  the  United  States 
of  America,  of  the  obliging  note  of  the  11th  instant  respecting  the  boundary  dispute 
lietween  the  United  States  and  Great  Britain,  together  with  the  accompanying  reply. 
The  undersigned  has  not  failed  to  lay  before  His  Majesty  the  Emperor  and  King  this 
reply,  as  well  as  that  delivered  on  the  10th  of  this  mouth  by  the  Embassador  of  Great 
liiitiiin  at  this  Court. 

At  the  same  time  the  undersigned,  &c. 

VON  TIHLE. 


Russell  with  an  adili- 
ould  desire  them,  and 

GEO.  BANCROFT, 


No.  12. 

Mr.  Bancroft  to  Mr.  Fish. 

No.  379.J  American  Legation, 

Berlin,  June  28,  1872.     (Keceived  July  15.) 

Sir  :  I  am  oflicially  informed  that  the  names  of  the  gentlemen  who 
will  be  requested  to  examine  and  report  upon  the  Ilaro  Ai.i,ni„t,nPMt  .r 
boundary  question  will  be  forwarded  to  the  Imperial  Arbi-  ;„;;,';:' H'im'houmi. 
trator  to-day  for  his  approval.  This  approval  will  follow  as  '"" """'"" 
a  matter  of  course,  and  if  the  gentlemen  designated  accept  the  appoint- 
ment, the  consideration  of  the  case  will  go  forward  without  delay.  I  am 
assured  that  everything  which  is  proper  will  be  done  to  accelerate  a 
decision. 

I  remain,  &c., 

GEO.  IJAXCROFT. 


2G4 


NORTHWEST    WATER    BOUNDARY    ARBITRATION. 


1%      0. 


No.  13. 

lUr.  Bancroft  to  Mr.  Fish. 

[Extract.] 

No.  401  .J  American  Le(1ation, 

Jicrlin,  September  30,  1872.     (lleceived  October  Ki.j 
Sir  :  1  am  assured,  ou  the  best  authority,  that  the  decision  respcctinjr  | 
])...  i»  „  *^"^  northwest  boundary  approaches  its  solution,  and  I  liavc 

pr,n.ri'iH',"'u"  .oiir.  heard  nothing  from  any  quarter  that  does  not  conlinn  nu; 
in  the  opinion  that  the  decision  will  be  in  our  favor. 
The  writers  of  telegrams,  who  run  a  race  with  one  another,  are  already 
making  the  public  familiar  with  this  view  of  the  subject.  I  shall  tele 
grapli  the  decision  to  you  so  soon  as  it  becomes  known  to  uie  in  an 
authentic  form.  #  #  #  # 

On  the  3d  day  of  October,  Mr.  v.  Thile,  who  has  had  the  charf;e  of 
the  Foieign  Ottice  in  Berlin  since  I  have  been  here,  retires,  and  his  ])la('e 
is  to  be  supplied  by  Mr.  de  Balan,  now  German  Minister  in  Brussels. 
Mr.  de  Balan  will  retain  for  the  present  his  diplomatic  rank  and  apjioint 
ments,  until  the  German  Diet  comes  together,  when  it  will  be  proposed 
to  make  the  i)lace  Avhich  he  is  to  fill  equal  to  that  of  a  Minister  of  State, 
Mr.  V.  Thile  goes  out  of  oftice  with  the  unanimous  and  unqualified 
esteem  of  all  who  have  transacted  business  >yith  him.  He  is  a  man  ol 
honor,  integrity,  and  thorough  and  most  various  culture. 
I  remain,  &c., 

GEO.  BANCltOFT. 


I 


u  * 


No.  34. 


31  r.  Bancroft  to  Mr.  Fish. 
[Extract.] 


No.  4 10.  J 


Sir 


AinuMitiriMniMil  "t 
iiwi(ri)  ili'tiivt'ii  by 
a.'iith  i)f  l»rinL»'  Al- 
brfi-lit. 


American  Legation, 
Berlin,  October  4,  1872.    (Keceived  November  7.) 

The  papers  relating  to  our  Arbitration  were  completely  finished 
last  week  and  forwarded  to  the  Emperor  at  Baden  for  liis 
final  action  and  signature.    Just  as  they  arrived,  the  death 
of  his  youngest  brother  was  announced  to  him  by  telegraph, 
and  he  hastened  to  Berlin  befo,  3  declaring  his  opinion. 

His  deceased  brother.  Prince  Albrecht,  more  than  twelve  years 
yovugcr  than  himself,  was  buried  on  Saturday  with  the  honors  paid  to 
a  field-marshal,  a  rank  which  he  had  received  from  the  Emperor  ol 
Eussia  only  a  few  hours  before  he  was  struck  down  by  apoplexy. 

We  are  daily,  I  might  almost  say  hourly,  expecting  to  be  summoned 
to  receive  the  award.  I  have  taken  measures — I  hope  they  will  prove 
sufticieut— to  give  you  the  decision  by  telegraph  twenty-four  hours  before 
it  is  made  known  to  the  telegraphic  bureau  in  this  city. 


I  remain,  &c., 


GEO.  BANCKOFT. 


ITIOX, 


CORRESPONDENCE. 


^ar. 


65 


e<l  October  1(5.; 

ecisionrespcctiiicri 
ntioii,  and  I  liju> 
s  not  coiifinn  me 
auv  favor. 
t)ther,  are  alroadv 
ect.  1  shall  U}h'. 
onii  to  me  in  an 
# 

lad  the  charoe  of 
res,  and  liis  i)lac'e 
ster  in  Brnsscls. 
ank  and  apj)oiiit 
will  be  proj)ose(l 
Minister  of  State. 
and  nnqualificrl 
He  is  a  man  of 
■e. 

BANCIJOIT. 


^KGATIOX. 

J^Tovember  7.) 

apletely  tinished 
It  Baden  for  liis 
rived,  the  death 
im  by  telegraph, 

fi  twelve  year.> 
i  honors  paid  to 
the  Emperor  ol 
ipoplexy. 
0  be  summoned 
they  will  j)rove 
mr  hours  before 


JANCKOFT. 


riii.fii  ut  tlif  Cni- 
tfil  SlutPH  lit"  AnifT- 
M-H  ni'rtt  in  accftril* 
itni'H  with  thf  trim 
ititTjirt'tiitMii.  of  tliti 
'Irciity. 


iS^o.  15. 

Mr.  Bancroft  to  Mr.  Fish. 

[Tcleyrani.] 

Berlin,  October  23,  1872.    (Keceived  October  23.) 
Tlie  three  Experts  to  whom  the  American  Memorial  on  the  Canal 
(le  Haro  and  the  British  Case  were  referred,  have  made,  each 
lor  himself,  a  very  elaborate  report  on  the  question,  sup- 
|(orting  their  opinions  by  reasons  stated  with  technical  pre- 
cision and  exactness.    The  Emperor  has  also,  with  the  high- 
est sense  of  ofticial  duty,  given  his  personal  attention  to  the  subject,  and 
after  the  most  careful  study  and  deliberation,  he  has  arrived  at  the  con- 
clusion satisfactory  to  his  own  sense  of  justice. 

The  reports  of  the  Experts,  with  reasons,  have  not  been  communicated 
to  us.  The  decree  of  the  Imperial  Arbitrator  which  has  been  commu- 
nicated has  the  form  not  so  much  of  a  decree  in  council  as  of  a  cabinet 
order.  It  does  not  enter  into  any  elaborate  exposition  of  the  decision, 
but,  without  diverging  in  the  least  from  the  point  presented  for  arbitra- 
tion, decrees  that  the  claim  of  the  United  States  of  America  is  most  in 
accordance  with  the  true  interpretation  of  the  Treaty  of  .June  15, 1840.  I 
shall  forward  theoHicial  copy  of  the  decree  bva  special  messenger. 

BANCROFT. 


No.  10. 

Mr.  Fish  to  Mr.  Bancroft. 

[Telegram.] 

Washington,  October  24,  1872. 
Congratulations  on  the  award.    The  President  directs  thanks,  in 
which  I  concur,  for  vour  able  management  of  the  case. 

FISH. 


No.  17. 
Mr.  Bancroft  to  Mr.  Fish. 


No.  4 13.  J 


American  Legation, 
Berlin,  October  24, 1872.    (Received  November  14.) 

Sir  :  At  four  minutes  before  10  o'clock  last  evening  I  received  the 
award  of  the  Emperor  on  the  question  of  boundary  submitted    ^w  ,r  i  r,c,. ,  vej 
1),V  the  Government  of  the  United  States  of  America  and  the  ' '"'  '"""'■' 
Ciovernment  of  Her  Britannic  Majesty  to  his  arbitration.  . 

I  send  the  award  by  Mr.  Fi:ank  Austin  Scott,  as  special  messenger. 
He  will  sail  by  the  first  German  steamer,  the  Main,  which  leaves  Bre- 
men on  Saturday,  the  2Gth  instant. 

I  inclose  also  a  translation  of  the  award,  and  a  copy  and  translation 
of  the  note  of  Mr.  Von  Balan  relating  to  it. 

I  congratulate  you  most  heartily  on  this  result,  which  is  so  greatly  due 
to  your  own  wisdom  and  forethought:  first,  in  selecting  as  arbitrator  a 
man  of  excellent  judgment  and  an  inflexible  love  of  justice;  next,  in 
having  defined  with  the  utmost  precision  the  question  for  arbitration  ; 
iuul  lastly,  in  having  brought  together  every  document  and  book  that 


wmr'- 


266 


NORTHWEST    WATER   BOUNDARY    ARBITRATION. 


i    -'■ 


couM  be  of  use  in  elncidiiting  and  establisbing  the  rigbts  of  tbe  United 

States. 

I  bave  tbis  day,  as  by  order  of  tbe  President,  in  the  name  of  tlie 

])eople  of  tbe  United  States  expressed  to  Hi':  Majesty,  the 

<i.rn'"''v"i,r' ..,./* Vo  (Jernian  Ernperor,  tlieir  tbanks  for  tbe  g*     .  pains  and  at- 

""^  "  tention  wbicb  His  Imperial  Majesty  '..*.*  devoted  to  the 

question  submitted  to  bim  for  adjudication.    A  copy  of  this  letter  is  also 

annexed. 

1  remain,  &c,, 

GEO.  r.ANCKOFT. 


'■  i 


[Inclosure  No.  1.] 

Award  of  His   MajeHiy  the  Emperor  of  Germany  on  the    San    ffuan 

boundary  question. 

Wir  AVilbelm,  von  Gottes  Gnaden,  Deutscber  Kaiser,  Kiinig  von  Prens- 

sen,  &c.,  &c.,  &c. 

Nacb  Einsicbt  des  zwiseben  den  Regierungen  Ibrer  Britiscben  Ma- 
Jestilt  und  der  Vereinigteu  Staaten  von  Amerika  gescblosseiion 
Vertrages  de  dato  Washington  den  Gten*  Mai,  1871,  Inbalts  desseu  die 
gedacbten  Kegierungen  die  unter  ibnen  streitige  Frage :  ob  die  (rreiiz- 
linie,  welcbe  nacb  dem  Vertrage  de  dato  Washington  den  15ten  Jnni, 
181(i,  nachdem  sie  gegen  Westen  liings  des  4!)ten  Grades  Nordlicher 
lireite  bis  zur  Mitte  des  Kanals,  welcber  das  Festland  von  der  Vancou- 
ver Insel  trennt,  gezogen  worden,  siidlicb  durcb  die  Mitte  des  gedacbten 
Kanals  und  der  FucaMeerenge  bis  zuni  Stillen  Ocean  gezogen  werden 
soil,  durcb  den  Itosario-Kanal,  wie  die  Regierung  Hirer  Britiscben 
Majestat  beansprucbt,  oder  durcb  den  Haro-Kanal,  wie  die  Regierung 
der  Vereinigten  Staaten  beansprucbt,  zu  Ziehen  sei,  Unserem  Schieds- 
spruche  uuterbreitet  baben,  damit  Wir  endgiiltig  und  obne  Bernfung 
entscbeiden,  welcber  dieser  Anspriiche  mit  der  richtigen  Auslegung  des 
Vertrages  vom  15ten  Juni,  1846,  am  meisten  ini  Einklange  stebe ; 

Xacli  Anhorung  des  Uns  von  den  durcb  Uns  berufenen  Sacli-  und 
Recbtskundigen  iiber  den  Inbalt  der  gewechselten  Denkscbriften  und 
deren  Anlagen  erstatteten  Vortrages, 

Haben  den  nacbstebenden  Schiedssprucb  gefiillt — 

Mit  der  richtigen  Auslegung  des  zwiseben  den  Regievun.io&u  Ibrer 
Britiscben  Majestat  und  der  Vereinigteu  Staaten  von  Amerika  ge- 
scblossenen  Vertrages  de  dato  Washington  den  loten  Juni,  1846,  stelit 
der  Ansprucb  der  Regierung  der  Vereinigten  Staaten  am  meisten  im 
Einklange,  dass  die  Grenzlinie  zwiseben  den  Gebieten  Ibrer  Britiscben 
Majestat  und  den  Vereinigten  Staaten  durcb  den  Haro-Kanal  gezogen: 
werde. 

Urkundlicb  unter  Unserer  HochsteigenhJindigen  Unterscbrift  nnd 
beigedrucktem  Kaiserlicben  Insiegel. 

Ciegeben  Berlin  den  21teu  October,  1872. 

[L.  s.J  WILHELM. 


[Inclosnro  No.  2. — Translatioii.] 

We,  William,  by  the  grace  of  God,  German  Emperor,  King  of  Prussia, 

&c.,  «&c.,  &c. 

After  examination  of  tbe  treaty  concluded  at  AVashingtou  on  tbe  6th* 
of  May,  1871,  between  the  Governments  of  Her  Britannic  Majesty  and 

*  Sii'  in  original,  May  8tb. 


CORRESrONDENX'E. 


267 


IIANCIJOFT, 


the    iSan    Juun 
i'mig  von  rions- 


of  the  United  States  of  America,  according  to  which  the  said  Gov- 
ernments have  submitted  to  our  arbitrament  the  question  at  issue  be- 
tween them,  whether  the  boundary-line  which,  according  to  the  Treaty- 
ot'Washington  of  June  15, 1840,  after  bei^'g  carried  westward  along  the 
forty-ninth  parallel  of  northern  latitude  to  the  middle  of  the  channel 
which  separates  the  continent  from  Vancouver's  Island  is  thence  to  be 
drawn  southerly  through  the  middle  of  the  said  channel  and  of  the  Fuca 
Straits  to  the  Pacific  Ocean,  should  be  drawn  through  the  Kosario  Chan 
uel  as  the  Government  of  Her  Britannic  M.ijesty  claims,  or  through  the 
llaro  Channel  as  the  Government  of  the  United  States  claims;  to  the 
end  that  we  may  finally  and  without  appeal  decide  which  of  these  claims 
is  most  in  accordance  with  the  true  interpretation  of  the  treaty  of  June^ 
].5, 1840. 

After  hearing  the  report  made  to  us  by  the  experts  and  jurists  sum- 
moned by  us  upon  the  contents  of  the  interchanged  memorials  and  theii 
appendices — 

Llave  decreed  the  following  award  :  , 

]Most  in  accordance  with  the  true  interpretations  of  the  treaty  concluded  ]1 
on  the  15th  of  June,  1840,  between  the  Governments  of  Her  Britannic  ' 
Majesty  and  of  the  United  States  of  America,  is  the  cljiim  of  the  Gov- 
ernment of  the  United  States  that  the  boundary-line  between  the  terri- 
tories of  Her  Britannic  IMajesty  and  the  United  States  should  be  drawn 
through  the  Haro  Channel. 

Authenticated  by  our  autographic  signature  and  the  in'  vession  of 
the  imperial  great  seal. 

Given  at  Berlin,  October  the  21st,  1872. 


[L.  S.J 


WILLIA^r. 


[Indosure  Xo.  .'I.— Translation.] 
Mr.  Von  Halaii  to  Mr.  liancroft. 

UKitLix,  (ktohn  2:?,  1872. 

His  Majestj'  the  Emperor  and  King,  liuvinnj  niiulo  tlie  award  in  the  Arbitration  re- 
ferred to  him  by  the  Treaty  of  Washington,  5l ay  0,  [H,]  1871,  in  the  Boundary  Dispnto 
between  the  United  States  and  Great  Britain,  the  undersigned  has  the  honor  to  trans- 
mit herewith  a  copy  of  this  award  with  the  remark  bluit  he  sends  to  the  Royal  Embas- 
sador of  Great  Britain  at  this  Court  a  like  copy. 

At  the  same  time  the  undersigned  availsliimself  of  this  further  opportunity  to  renew 
to  the  Envoy  of  the  United  States,  Mr.  Bancroft,  the  assurance  of  his  most  distinguished 
consideration. 

VON  BALAN. 


nterschrift  luul 


WILHELM. 


Ling  of  Prussia, 


[Inclosnro  Xo.  4.  | 
Mr.  Bancroft  to  Mr.  Von  Ilalan. 

AAIKIUCA.V   UKflATIOX, 

Ikrlin,  October  24,  1872. 

Mk.  Sl•:(■ltKrAl^v  oi-  Statk  for  FonKKiX  Akkaius  :  I  have  communicated  to  my  Gov- 
ernment the  Award  of  the  Imperial  Arbitrator,  received  last  evening,  relating  to  the 
northwestern  boumlary  of  the  United  States  of  America.  lu  return  the  Presuleut  of 
the  Uuiti  '.  States  has  charged  me,  in  the  name  of  the  people  of  the  United  States,  to 
express  to  His  Majesty  the  German  Emperor  their  thanks  for  the  great  pains  and  at- 
tention which  His  Imperial  Majesty  has  devoted  to  the  tiuestiou  submitted  to  him  for 
adjudication. 

The  definitive,  friendly  settlement  of  the  difference  has  a  peculiar  interest  and  im- 
portance. It  is  now  exactly  ninety  years  since  the  King  of  Great  Britain  first  formally 
recognized  the  existence  of  the  United  States  of  America  as  an  independent  State,  and 


^''MfTjj 


268 


NORTIIVVKST    WATER    IJOUNDARY    ARBITRATION. 


!i 


^' 


[  I. 

■J 

i 

4*i    . 

^ 

?:T* 

J 

from  that  tinn)  to  tli«  proHeiit  coiitrovcrHy  regarding  tlio  boundaricN  of  their  respective 
possessions  in  Aniericii  lias  never  ceased  even  for  a  single  day.  During  this  \imm\ 
the  two  countries  have  been  repeatedly  on  the  verge  <»f  war,  growing  out  of  tin-ir 
op]:»osing  claims  to  jurisdiction.  After  an  unrelenting  strao  of  ninety  years,  the  award 
of  His  Majesty  the  Emperor  of  Germany  closes  the  long  und  unintermitted,  and  oftt-n 
very  dangerous,  series  of  disputes  on  the  extent  of  their  respective  territories,  and  so 
for  the  first  time  in  their  history  opens  to  the  two  countries  the  unobstructed  way  to 
agreement,  good  understanding,  and  peace. 
I  gliidly  seize  this  occasion,  i!fcc., 

GEO.  BANCROIT. 


No.  18. 
Mr.  Jlancroft  to  Mr.  Fisli. 


^"o.  Uo.j 


lilip<H't;uii 
iiwiiril. 


AMERICAN   JiE(}ATION, 

JicrUn,  Octohcr2^,  1872.     (Keceived  Xoveiuber  11.) 

Sill:  Tlie  imi>ortance  of  the  award  of  tlie  German  Emperor  is  known 
in  England  as  well  as  on  our  own  raciftc  coast.  It  estab 
lislies  us  in  the  equal  ])ossession  of  the  Channel  of  Haro  and 
in  the  exclusive  possession  of  all  the  other  channels  leading  north  from 
Fuca  Straits  and  Washington  Sound. 

The  award  was  a  grievous  disappointment  to  Admiral  Prevost,  the 
verj'  amiable  high  ollicer  of  the  liritish  Navy,  who  had  for  twenty-one 
years  particii)ated  in  the  management  of  the  case.  Up  to  the  last  mo 
ment  he  conlidently  expected  a  decision  in  his  favor. 

The  conduct  of  the  present  IJritish  Embassador  at  this  Court,  through- 
(..iMiuct  oi  .1,,  out  the  whole  period  of  the  discussions,  has  been  exactly 
uriii-h  KiNh„.,„j,.,.  ^viij^i^  could  have  been  wished.  We  have  during  the  whole 
time  preserved  intimate  friendly  relations.  This  morning  he  was  so 
good  as  to  call  on  me,  and  while  it  could  not  be  expected  of  him  to  be 
gratified  by  the  award,  he  did  express,  and  as  I  believe  most  sincerely, 
the  greatest  satisfaction  that  all  strife  between  the  two  Governments, 
respecting  boundaries,  had  found  its  end,  and  that  there  is  no  longer  an 
obstacle  to  the  uninterrupted  reciprocity  of  good  feeling  between  the 
two  countries.  1  met  his  friendly  expressions  with  perfect  cordiality. 
While  a  decree  could  not  be  on  both  sides,  I  i>ointed  out  to  him  that 
since  George  III  acknowledged  our  independence  in  the  late  summer  of 
1782  to  the  present  time,  the  strife  about  boundaries  between  the  two 
Governments  had  known  no  intermission  ;  now  at  last  there  remained 
no  further  difterences ;  that  therefore  the  definite  friendly  settlement 
effected  by  the  award  of  the  (Herman  Emperor  o])ened  the  way  to  a  new 
career  of  reciprocal  good  feeling  between  the  two  countries. 
I  remain,  &c., 

GEO.  BANCKOFT. 


No.  19. 
3Ir.  Nicholas  Fish  to  Mr.  Fish. 


No.  421.] 


American  Legation, 
,    Berlin,  November  2,  18'^'*,    (Received  November  19.) 

Sir:  I  annex  a  copy  and  translation  of  a  note  from  the  Secretary  of 
u.  Mnbur»e„,e„t »  Statc  foF  Forclgn  Affairs,  in  reply  to  Mr.  Bancroft's  of  the 
'^rTth"\'J!Z'«.  2l8t  ultimo,  in  regard  to  the  costs  and  expenses  of  this  Gov- 
t.on.wiin«i.        ernment  in  the  Northwest  Boundary  arbitration. 


CORRESPONDENCE. 


269 


;i:0.  BANCROl'T. 


The  Gwinan  Goverunient  decline  to  accept  payment  for  their  ex- 
penses in  the  matter. 

In  order  that  I  may  know  the  more  fully  the  wish  of  the  Department 
as  to  the  course  of  acknowledging  this  friendly  act,  I  delay  answering 
Jlr.  Von  Balan's  note  until  I  receive  a  reply  to  the  telegram  I  sent  you, 
which  ran  as  follows:  "Fish,  Secretary,  Washington:  German  Govern- 
ment decline  compensation  for  expenses  of  arbitration.  (Signed.)  Fish, 
ChargC'." 

I  have,  &c., 

NICHOLAS  FlSir, 
Charge  (V A ffaircH  ad  interim. 


[)  to  the  last  mo 


llnclosiirc. — Transliition.l 
Mi:  Von  Balun  to  Air.  Huh, 

Br.nux,  Xomnher  1,  1872. 

The  Minister  of  the  Uuitecl  States  of  Ainericii,  in  a  note  dated  October  21,  1872,  has 
been  pleased  to  recjnest  to  be  advised  what  costs  and  expenses  liave  been  incurred  by  tliis 
liovernnient  in  the  boundary  question  between  tlie  United  States  and  Great  Britain. 

In  reply  to  this  inquiry,  the  undersigned,  while  expressiu";  his  thanks  for  the  offer  of 
le-inibursement,  which  it  has  been  deemed  proper  to  make,  has  the  honor  to  inform  the 
American  Chargd  d'Affaires,  Mr.  Fish,  that  there  are  no  costs  or  expenses  to  be  charged 
liy  this  Government  in  the  matter. 

The  undersigned  avails  himself  of  the  occasion  to  renew  to  the  Charge  d'Affaires  the 
assurance  of  his  distinguished  consideration. 

VON  BALAN. 


No.  20. 


BANCIIOFT. 


^fr.  Fish  io  Mr.  Bancroft. 
[Extract.] 

Xo.  529.]  Washington,  Noremher  27, 1872. 

Sir  :  I  have  to  acknowledge  the  receipt  of  a  dispatch  of  the  2d 
instant,  No.  421,  from  Mr.  Nicholas  Fish,  Charge  d'Affaires  j^.  ^  ^^^  ^^  ^^ 
ad  interim,  inclosing  a  copy  of  a  note  addressed  to  him  by  j;. nnuni^v^rnment 
tlie  Secretary  of  State  for  Foreign  Affairs,  stating  that  the 
(lerman  Government  decline  to  accept  payment  for  expenses  incurred  in 
the  arbitration  of  the  boundary  question  between  the  United  States 
and  Great  Britain. 

The  President,  highly  appreciating  this  friendly  act,  has  instructed 
me  to  convey,  through  the  Legation,  to  the  Imperial  Government,  an 
expression  of  his  thanks  for  the  courtesy  thus  extended  tc  the  Govern- 
ment of  the  United  States.    ******* 
I  am,  &c., 

HAMILTON  FISH. 


270 


NOUTllWEST    WATER    HOUNDARV    AUBITKATION. 


No.  LM. 


n  ;^ 


Hf 


MtMMirt*i«  ta  t  hiN  tMid. 


iSh'  E.  Thornton  to  Mr.  Fish. 

Washington,  November  21,  1872.    (Received  November  21.) 

iSiu :  III  compliance  with  an  instruction  which  I  have  received  Irom 

KH.f     b.  „v,n  '*^^^^  Granville,  I  have  the  honor  to  inform  you  that  on  the 

i.th.M.waniwiUHM,';  7th  and  8tli  instant  His  Lordship  caused  letters  to  be  ad- 

'  '"'  dressed  to  the  Colonial  Ollice  and  to  the  Admiralty,  inclosing; 

fopies  of  the  award  of  the  Emperor  of  Germany  on  the  San  Juan  Water- 

IJoundary,  and  requesting  that  efl'ect  may  bo  given  to  it  with  as  little 

•delay  as  possible  by  the  withdrawal  of  the  detachment  of  Koyal  IMarincs 

from  the  Island  of  San  Juan,  and  the  due  notification  of  the  award  to 

the  proper  Colonial  Authorities. 

In  accordance  with  the  tenor  of  these  letters  a  copy  of  the  award  will 
be  forwarded  to  the  Governor-General  of  the  Dominion  of 
Canada  and  to  the  Lieutenant-Governor  of  British  Columbia, 
with  a  request  that  pro])er  notification  of  it  may  be  wade  and  efl'ect 
given  to  it. 

The  Admiralty  will  also  communic"  r  >  a  copy  of  the  award,  with  as 
little  delay  as  possible,  to  the  Admiral  in  command  of  the  Pacific  Station 
■or  to  the  Chief  Naval  Officers  at  Vancouver's  Island,  with  the  instructions 
that,  in  accordance  therewith,  the  detachment  of  royal  marines  now  sta- 
tioned at  the  Island  of  San  Juan  should  be  ut  once  withdrawn.  The 
Admiral  or  Chief  Naval  Officer  will  also  be  requested  to  convey  to  the 
•officer  in  command  of  the  detachment,  and  to  the  men  under  his  orders, 
the  appreciation  of  Her  Majesty's  Government  of  the  harmonious  man- 
ner in  which  the  joint  occupation  has  been  conducted,  which  reflects 
the  greatest  credit  on  the  officers  and  men  of  the  occupying  force  of  both 
■countries. 

Earl  Granville  has  further  instructed  mo  to  propose  to  the  Govern- 
ment of  the  United  States  that  the  work  of  the  lioundarv 
thr...',il'i."  li'i. "  Hmi  Commission,  which  was  interrupted  in  1859,  should  be  re 
suraed  and  completed  by  the  preparation  of  a  map  or  chart 
showing  the  exact  position  of  the  boundary-line  from  the  Gulf  of  Geor- 
gia through  the  Ilaro  Channel  to  the  ocean,  under  the  Treaty  of  18W 
and  the  award  of  the  Emperor  of  Germany. 

Her  Majesty's  Government  considers  that,  in  compliance  with  the 
Thirty-fifth  Article  of  the  Treaty  of  Washington,  this  should  be  done 
with  as  little  delay  as  possible  in  order  to  give  effect  to  the  Emperors 
award.  It  presumes  that  the  surveys  which  have  already  been  made 
will  render  it  unnecessary  for  another  commission  to  meet  on  the  spot, 
but  it  leaves  the  details  of  the  arrangement  to  be  made  for  the  comple- 
tion of  the  work  of  the  commission  for  further  consideration. 
I  have,  &c., 

EDW'D  THOKNTON. 


ir  [ 


San    Junn    evacu- 
ated by  Ufilit*)i. 


No.  22. 

Sir  E.  Thornton  to  Mr.  FisJi. 

British  Legation, 
Washington^  November  23,  1872. 

My  Dear  Mr.  Fish  :  I  have  just  received  a  telegram 
from  Lord  Granville  in  the  following  words : 


..     I  N 


COKUKSI'ONDKNCE. 


271 


Admiralty  liavv  roccivod  u  Ivlogriim  repent ini{  that  the  detachment  of  Uoyal  Marines 
kiut  evacuated  Haii  Juan. 


IJelieve  me,  very  truly,  yours, 


El) WD  TIIOKNTON. 


No.  23. 

Mr.  Fish  to  Sir  E.  Thornton. 

Department  of  State, 

^ya8hington,  November  25,  1872. 

My  Dear  Sir  Edward  :  Thanks  for  your  note  of  Saturday  giving 
me  copy  of  Lord  Granville's  telegram.  ,*p""".,"[  "'""'' 

The  spontaneous  action  of  the  British  Government  in  ac-  "rJr7a"!™i!  ''"'" 
ceptiug  the  award  is  highly  appreciated. 

Believe  me,  as  ever,  very  truly,  yours, 

HAMILTON  FISH. 


>  THOKNTON. 


I 


'imi 


ICHARTS  WHICH  ACCOMPANIKU  THE  CASE  OF  THE  UOVERNMENT  OF  HER 

BRITANNIC  MAJESTY. 

No.  I. 

Carta  Esft^iica  de  los  Roconocimic'nto.s  hochos  en  In  Costii  N.  O.  tie  Ain«>iii'a,  on  1791 
IjlTiW,  por  luH  KoletasSiitil  y  Mt^xicana,  y  otioH  biiqiieH  de  Sii  MajjCHlad.  (Puldinlied 
111  Madrid,  1802.) 

No.  II. 

I  k  chart  Hhowin;;  part  of  the  cotuit  of  Northwest  Anieriea,  with  the  tracks  of  His 
jSajesty's  sloop  Discover}-,  and  armed  tender  Cintthani,  eoniniunded  l)y  (jeorjje  Van- 
liciiver,  esq.,  and  prepared  under  liis  immediate  inspection  hy  Lieutenant  Joseph 
lEakcr,  iu  which  the  continental  sliore  has  been  traced  and  determined  from  latitiule 
liii  30'  north  and  longitmle  2'MP  12'  east  to  'ititnde  liti-  15'  nortli  and  longitude  2:W- 
lli'eastat  the  diH'ereut  periods  sliowu  by  the  trades.     (Publislied  at  London  in  17*JH.) 

No.  III. 

S'orth  America,  went  eoant. — Har-  and  Rosario  Straits,  surveyed  by  Captain  O.  H. 
iRiibards  and  tlie  officers  of  Her  Majesty's  ship  Plumper,  1K")S-'51);  and  the  shores  of 
(jnande  Fuca  Strait  to  Admiralty  Inlet.    (From  CaiUain  H.  Kellett's  survey,  1847.) 

No.  IV. 


America,  northwent  coast. — 
llrlt,  R.  N.,  1H47 ;  Haro  and 

IWaiiralty  Inlet  and  Puget  ,   ,    .,   .. 

Iiouth  coast  of  Capo  Flattery,  by  the  samt;,  in  1H5;{ 


Strait  of  Juan  de  Fuca,  surveyed  by  Ca))tain  Henry  Kel- 
Rosario  Straits,  by  Captain  G.  H.  Richards,  R.  N.,  lHr)8  ; 
Souiiil,  by  tlie  United  States  exploriufj  expedition,  1841  ; 

,.    1...  ii...  ,' :•■   1  Lir.<) 


No.  V. 

Map  of  Oregon  and  Upper  California,  from  the  surveys  of  John  Charles  Frdniont  and 
lotber  authorities.  (Drawn  by  Charles  Prenss,  under  the  orders  of  the  Senate  of  the 
ll'nited  States.    Washington  City,  I84ri.) 


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S  T  U  AIT    O  F 

JUAN  Di:  FIT  (A 

SUnVEYKD    BY   CATTAIIt    KENItY    KSLLETT.    R.  H.     1«47, 

HARO  &  ROSARIO  STRAITS. 

■Y  CAPrACi  o.a.furHAiios.  a.ir. 
18&8 

ADMIRAITV  INLET  AND  PUGET  SOITNT). 

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NORTH    AMERICA 

WEST    COAST 


HARO  AND  ROSARIO 


STRAITS 


SCKTETSD  BY  CAPT*  G.H.RICHABDS.t  TBI  OmrERS  Of  H.M.S  PLVMPER 

1858  9 

The  ■hn.,.  „f  .huui.W  Fn.  «  Suni,  ,„  Adiuirnlly  Ii>l.t   h«,.,  ...p,  •   H.lfrlWtt  s  Survrv  IBM 
H.W.F.*  f    VivKli'ui    irrniula,:   Sj.!  111(1;  <»li'.s  rim-   7  li,  111  l,.,., 

EiitruiU'e  o£  Fraser  Hiwr  VlH;io*f*       1)V  lO 

-  >7..*/.  •  A'/./.,  fcn.  *.»,/■<  1>.  ;>..ii/.ni.// 

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ftu.,/w^<wi  Ihc  Uu<  .,l„w  Ihr  heifhls  in  Irrt  abovr  Bigh  WiUtr  Sp 

Ma^n^i£  Variation  in  ItSi)  inmitmii  about  2'nnnualfy 

SOUNDINGS  IN   FMHOMS 

■Nnliinil  S'itli'  ;i  I'liuii 

T^SanCcxutofEotarioStnmfivnMlingluanBqyUiAtiimnJ^bJtt 
fntnitht  Anvtii-an  .furv'.t .«  oflS-ti. 


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Commanded  bj  GEORGEVAINCOirVEB  Efqfand  prepared 

undtr  his  iinmfdiate  inspecfion 'ty  Lieu*  Joseph  Baker, in  whick 
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N  LA  COSTA  N.O.DE  AMERICA 

PAKA  EXiXMINAR  LA  EXTRADA 

DE  JUAN   DE  FlICA, 
V  ia  internacion  de  sus  Canales  navegables 

LRVANTADA  DE  ORDEN 

abordo  de  las  Golelas 
SUTIL  Y  MEXICAWA 

JJ.  ^^^o^r//j  f'a  ^  L  alia  ft  o^  yj/)  I  ,y/r/kx/f,>}-^z/(/eJ  ^^ 

Ano  de  179,5. 


NOTA. 

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li:>liU(Uv  orujfii a  r.s/ns  ,imiihrtnn.c/i4',i\  cl  aiiiijytnpeiivcon  (fufcnpvros mesnurf  luin jnavU^iidoiilmdifuiMiiUuJe fo(hi vsiHatu/Hc.lia 


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'fhmlo  de  Cfupanunul 

P*^'  de  S- Lorenzo  dc  Nuta 

^on  Obserracwn  Ast-iwiomica 


i"  Foniio  rlr  Guicajutnich 


r'f-dfl  S"  Kstri-rin 


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htnta  <le  Rumay 


\  y**-  tUt  Ctanino 


loA'  inUnores  1/  vrril  de  la  Cosla  t/esete  los 
meiitf  por  el  Tenirntr  dt  Navio  de  la  Ji^ j4r 
fS M.S'^CaHos  del porle  /6  fanones y  6ole 
'/  dt-saibifrlo  nnevamaUe  el  Cran  {'nnal 
al  Menduuio  de  J"^  Blas.y  a  la.  idfima  obsennn 
en  ate  aha  de  i7<9/  por  el  Cap"  de  Navio  de  t. 
Corbetas  tie  S.  M.h.  Bescuhurta^ ^  ^itreridee,  heeho. 

/^  ^tu  los  parties  donde  sr.  dtnpfxijliicla .  Indica  w 

Costa-,  son  Ranchaias  d/i  ^ndw.i,  y  Ims  Berroiaji  del  mu 

foinruios  J'-''  En  fosDiertostfw  romprrheiifh  t 

de  la  Conjunciow.y  Oposir-ion  d  laji  iX 


^„cct^  <^''  ^*-.^^ 


I'la  df  If  l^' 


^^^l^^^j^ 


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C     Y»  M  ^«  ^''  fl"  Moral 


;Carta  que  compreluMide 


(it  la  Cojiia  t/ese^  los  ^S'de  Lalitud  N.  husta  las  oo'ejcammaflos  fArrupulosii. 
'  dt  Navio  de  la  Jfl^nnada  I/P" Frnn^ Uliza  J'ornandanU  dtl  Paguchot'  dt/ 
He  ^6  Canones' y  Golita  S*"  Sahirnma  l^lias //.i  Ormrjta.vJ 
'ammte  el  Cran  Cnnal  de  Niustm-  Senora  del  Ilosario  arree/ladas  sus  Lon^tlndes 
(ii:i/ a  la^  ultima  obsenncion  j4dronomua  htchaen  extt  Piurto  dt  la  S^"  fnix  df  Nut<iy 
ir  el  Cap"  dt  Natio  de  la  W'/lTmada  V*^  ^Itjctmdro  Malaejpuia  ComandanU  dt  las 
cuhitrto' ^  Jtrerido',  hedios  estos  reconotithienbs  en  estt  ano  de  /7i9/. 

Nota. 

:  Sf.  flenofMyliula .  indica.  .w  butn  iaudav   S^Lm-  yuadms  r/t  Carmtn.  rfut  tstxtJi  scbrt  el  veiil  dt.  Uv 
Vndias,  y  I4/.1  Berroiaj,  del  mtsmo  color  que  iimut-  los  Putrlos,  aon  las  qut  se  dttwi/  exeeuitvr  partL 
los  Dierlof  tfiu  romprrheiifU  utu  CnHa/  se  hit  obseivudo  siuxde-  el  Jituco  mturimo  d  dia 
yuiuiorv.i/  OpositMii  a  las  yZ%  de  la  l4trd./<. 


Ua 


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N.Eti'3o' 


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